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ZOA1999-00003
0 CITY OF TIGARD Community Development ShapingA Better Community 1 -T A ESC =D R POS D ;LAN U:SE P 0 120 DAYS = N/A FILE NO.: ZONE ORDINANCE AMENDMENT IZOAI 1999-00003 FILE TITLE: CODE AMENDMENT TO ALLOW DAYCARE CENTERS IN ALL INDUSTRIAL ZONES APPLICANT: John L Brosy OWNERS: N/A - CITYWIDE 161 High Street SE, Suite 204 "ALL INDUSTRIAL ZONES" Salem, OR 97301 PROPOSAL: The applicant is proposing a Zone Ordinance Amendment to change the City of Tigard Community Development Code to allow daycare uses outright or conditionally in all Industrial zoned properties. LOCATION: All Industrial Zones Citywide. ZONES: Light Industrial, I-L; Industrial Park, I-P; and Heavy Industrial, I-H. APPLICABLE REVIEW • CRITERIA: Community Development Code. Chapters 18.380 and 18.390; Comprehensive Plan Polices 5 and 12.3; The Metro 2040 Plan; and Statewide Planning Goals 2 and 9. CIT AREA: Citywide CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY: COMMENTS SENT: 1/19/2000 DUE: 2/2/2000 ❑ STAFF DECISION DATE OF DECISION: ❑ HEARINGS OFFICER [MOM DATE OF HEARING: TIME:1:00 PM © PLANNING COMMISSION MOW DATE OF HEARING: (Tentative) 3/6/2000 TIME:7:30 PM © CITY COUNCIL [TUES.] DATE OF HEARING: (Tentative) 4/11/2000 TIME:7:30 PM COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION © VICINITY MAP © NARRATIVE DLCD-NOTICE OF PROPOSED AMENDMENT STAFF CONTACT: Julia Powell Hajduk. Associate Planner (503) 639-4171, Extension 407 ZOA1999-00003/CODE AMENDMENT TO ALLOW DAYCARE CENTERS IN ALL INDUSTRIAL ZONES LAND USE PROPOSAL • 0 A ZONE ORDINANCE AMENDMENT u��ai!i'� TYPE IV APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 PRE-APP.HELD WITH: J1 GENERAL INFORMATION DATE OF PRE-APP.: (-05o Property Address/Location(s): r 6''tE 7'4 FOR STAFF USE ONLY + T- >l -T:C.:VJES) Tax Map&Tax Lot#(s): S ABov(� Case No.(s): A l cl 9 -0O 3 Other Case No.(s): Site Size(s): 5 fir: .46()VG Receipt No.: 7 3( �.��3. Application Accepted By:l,����.MeiLA L +I Property Owner/Deed Holder*(s)(S A-fOVar) Date: ?- 9 Address: Phone: City: Zip: Date Determined To Be Comp_lete: - Applicant*: �® tti L. \-- /� t- o" O. Brow" Address: ( i-3L► St. E 2.C4Phone:(5O3)'�16- la 4 Comp Plan/Zone_Designation: City: ( (NZ at 7 301 Zip: • * When the owner and the applicant are different people, the CIT Area: applicant must be the purchaser of record or a lessee in possession Rev.11/26/98:i:\curpin\rnasters\zoaa:doc with written authorization from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on the back of this form or submit a written -— authorization with this application. REQUIRED SUBMITTAL ELEMENTS PROPOSAL SUMMARY ■ Application Elements Submitted: The owners of record of the subject property request a Zone Ordinance Ame dment(if applicable) m ❑ Application Form �A�p�cc�,.-c`s to X-r d�L--� ❑ Cerro er'sSignature OR...The applic nt requests an amendment to the following sections ❑ l itIe Tr-__r__ Instrument or Deed, of the Comprehensive Plan or Community Development Code ❑ (please be specific): (#of copies based on pre-app check list) Ai Lo- ate - '-c =Q r L f =-�-( ❑ S-Q-e N a,r rzt-h■ P,ct GLoge01 ❑ Applicant's Statement (#of copies based on pre-app check list) ❑ 2 Sets of Pre-Addressed/Pre-Stamped Legal Size Envelopes ❑ Filing Fee$1,415.00 1 0 • List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application: APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request,for all types of Land Use Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted, the applicant will,exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this � 4"---- day of � , 19gr • .. - � Owner's Signature Owner's Signature Owner's Signature 2 0 4 LETTER OF TRANSMITTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • Date Received . TO: City Of Tigard RECEIVED ATTN: (:T ( C1� f4 aJo /r JAN 13 2000 DEPT: /P l a fir vLZ COMMUNITY DEV wv.4.. 5. :iii: e<� ,i., `.:vas .,,Zx v 5:is y .c; k i- e:> t. am `'tac N Con )! f+ i:Y�,r �/� `$�. .l! me. �lr 1. �:�. + P 1 mop.( i s; //, ` z 3> , r Y �=art ' :Y: fi � ?q o • :5 ), <' ' i :" n L : '. : y :�/i ::Q� o / N // `,C "' , -i � F y Comments • lC. r f L"47\-- -- 4Z7- '( et &+I • ____ transmittalform 1111011IMENIIII 2VA&I.::•.... ...-- -- - ••• ......:...'.. Mr .. ....• . ,_ ,•':',. •• • • - ..A.t 11„. ., •ink V: . . ,. . ■ . . "4.5.1.r:,,Ar li. .•' . : '": .... ... fr.:'.••;.. ..4 }.:"Ilk . 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'Su lemental-Info a Ti rd'FileZOA'•1999-0003'"' Cit r T ga : • -r: '-°` inn Request.Re::Da Gare'Centers:in'Industrial Zones, Legislative:Code:Amend e t y- n' iinal� . ;„ : y_°•:Is' nl :The le`islative,code,d1TJ a rod proposal to:allow d'a care`;centers`_as'oufright•or.co d t o • uses in•industrial>zones.in'the Cit .of Ti ard'conforms to pe%tinent'City;of Tigard. :'t• .;-' y g . m• Comprehensive Plan .and'Statewide.Plnnin Goals:in'the'-fo.11owing;ways:, ,, .r. 1' Y•It r• PI-gin ✓h�n ive a m''r e s p g. - n� n i led- .Find>'n •s�'Po c es - •:Volume-II'..ofttie'•Cit �ofT �ard�Com rehensive,Pla e t t g ,. - ;r,.�,. =m kin• ` consideration under:-, ' '1.8.390:060 G: . /..- • ,y :,: Implementation•Strategies,•is'ai.decision_ a g ( ). t:. h ' 1` -n 'tet at 1” Section''12:3' Locafional Criferia/Industrial: ''P ease o. r :,. That document,me udes, , r i at is •r�'•`rte es t li es o st a :/ �ri' .• �include�'aii�� b c '' cti ion,1�-1`•�S`•ecial'`Ai-eas"of�Coneerri:does, ot• g. - .ha ,,e.,__ :t. h� r• posed code:c � a e� o- 1 7e'affected. p -'tt S ,i 'i ,I•� `r f... 'fir - •d. _ xr tirr� �aiaJ• o tenIiir , r' tec`t'e s r.:a'2".3�•`:Industralates<� •P o • Im lement'aioritem.3�'unde g �? i i-ilidiish'icrl-'oi ^ �i�iirdirsf>•crl dei elo"•merit- i�ori iercrocrch>77eft;b`��iiot :Y -,. ,L,,ltrrids siritcrble•fo ,p, f.. y„ �'3 �.,' �• - 'i atible rse's. " 'Ou'r'a� �lication::ex lains'that=the.avera 'e,comme`rcial da care'center. irrcgn�v Pp p: g y. i i .near.' _'• ••T •"n' ��ecause:.of•the�desire�to�have'da :'care;facil t es a :,� ` , orilyroccupies less,than one:ac e; a d b x. _ . ''`' h land'uses-are com limenta to"industrial;areas"and should be;': '. ;, :'places'of erriploymen suc p ry, r seen'as`su ortin the v abilit `'of,the large.existi,n industrial areas in;Ti ard•b `makiri � :n. arents:of ;. _ . > ;A, ::those industrial�'areas more•a., .. ve to'em loyees.wrth young,children: rMa• y:p =• :',; -ve oun children visit'those childreniduriri"'the`w`ork..day, so proximity y'of daycare to : "` rY Y $ g:' •m n•.'centers reduces:vehicle.trip.''miles'.;;The:a lication material-alread: ,submitted•;. 'employ e t. p pp Y n i ed that°the avera e:da :care:center business occu 'ies;less than'one"acre.:The��:-do" . ,','. _ idcat g y. p Y ` :not ose'a si nificant threat_to the`su •1 :,of'industrial land: :'y. ...,:......,;::.....,,,,,,..7,,,,s„..,,,..,,::::::,... - P � - I?P y a�. - - - 'Please•refer to--the•Cit "of••Ti ard:zoning:map Other-than.the'large:amount.`of I=P, I-H and`I=L zoned-•ands as.shown on'the Cit: zonin' 'rna onion)i'ncluded'in the' - :. ,Y .g ri..p(P: .,,. a lication;'there•is"only one other'-'-•ea of industrial zoning in-the•entire.city limits of- ,�; pp ''• ' :Ti ard, -This:is the smaller area running:.along:.the'SPRR;tracks and_Tigard Avenue g n rthwest;of H• 99 'and ineludin" .the::Ko11 Business Center on'the'Ti and side'of `• a '' .o '• g g 4'' Scholls.Fer' :Road'and'the area"extendin' .'to south of H :21:7:and west of Greenburg:'• " :Road=. ::• h`r:�ities`'su est that.if the code is amended theCit Disfributiomof.day,:care�centers.in of e c 'suggest .•, y'" �� _ :of Ti and"ma' ultimately expect at-the most, only'two'or three'new daycare businesses''in•: - $ Y the'southeast.industri•l area as'shown on the:map;included iri the'code amendment,'- ,...-• • ' ` ��• - . request: . -. . ,_ : ...� _ - . - ;" • f ` • , • :• .._ " ' ' . • ..' :.f v' r: ,•7.1 - „�' ,'r r ` `: Z A 1999.'0.003;. Su lemerit'to, O - pp =Page Because That other_industrial"area:described•aboveis•'smaller and,narrower, and there:.are �'' other sites:nearb` th'at would;also allow:day cares as-outright'•or`conditional-• ses;,:it is:not { _likely that`any.more°day cares:will:be located.in'that area in the foreseeable future if i`code"were chan ed'as 'ro osed:'-Much-:of.that'•other industrial area has•the=.added.-,. ` constraint ofthe`Fanno.Creek-flood. `lain: p in+tthe"Plan's: of cies for industrial lands.• Ti ard�'it:•seems - Althougli:not`specif ca y o d p g rudent-;to;encoura ge com limenta su ortive land uses such a`s da ..care centers that . f reduce vehicleYtri miles`'on the:'transportation.network;."and that'ar'e desired b em 'lo iees`r , at:areas' see Statewide'Goals` belowl 'M •r. ion:2040;Plan'does:not have s p ecific.' �+oliciesor'code=issues that,relate to the:= ; --j et o g pl. p kind'of coinplimentaryland.uses that"should be'permitted oi otherwise encouraged • Tigard:in' This-was confirmed b. senior planners`of the._City `; and Metro- a'. •r - Tigard a d, o� . .Sfatewide Planning G Statewide`Goal 9, Economic D.evel"opment requires Compr`eliensive'plans;for:urban areas r to "(3.;••Prv>>idelor of sites o suitable`sues;; es;. -,`locations,`and service levels for a i�nriety_of ii�dnsfi ial.and cori?Itte-c.icil uses concister�t' with lcrrrpolicies.'"'While:the Cityof:T'igard'has a verysuccessful and large,'competitive ;' southeastern area'devoted"to'industrial:uses, employees•:with'day care=age.children:must; travel outsidethis large areafor day care services: This'is:because of the°large' Y concentration of industrial'zonin `tliat now,do'not allow da• cares as either,outri ht or °:conditional uses: =Day care`.should be considered a valuable--complimentary land use for • high quality.': ndustrial'areas'of Tigard. .Their locations are.now unnecessarily 'restricted by. =the City of.Tigard Zoning Code., a < . z Another`requirement for Comprehensive;plans.in�Statewide;.Goal':9'is':"(-�:)-Limit•uses.ori; __ or near. sites.zones;for'speci c indirsti icrl and'coniniercial'uses to,hose tivhich:cri compat ble u ith'pi oposed 7ises:" Similar language.exists in the'Tigard:Plan: The.high,es t. level of compatible use is one that is actually also'complimentary to.the primary mission:of : r, • :-the area,,which is.industrial. • Daycare businesses located suitably close to large•+ mployment centers are desired_features for.the employees of an industrial-area,.and;thus,::,`, . the.competitive health•of-Tigard's-industrial`areas.'- - . •r' '1 • .t - - - • _ ; �; mot.'• �m ri to•ZOA 1.999-0003 Statewide'Goal'12.is`Trans `ortation:!.O_ re on Administrative'Rules{ OAR 'include' ; 1 "Divisiom0.12 '-Trans 'ortation'Planning 'and the•Transportation Planning-Rule' TPR) which im 'leinents-Statewide Planning Goal 12: ;The first'sentence of the purpose``sect on S. of the TPR" OAR 660-012=0000. -is: -• /TTih'ae r rps]t)iOi�rotcsitei:o�oif i th,i ...nent Statewde P onad l 1 eY 2 a `d d e conivenierit-a c onomic;± 'lrcirrsparta tip.rl systems-that.aie.designed fo reduce.�eliaiice-on he:automobile so:•that:the • a:. 'v ro lems aced b `..iii baii areas in other. cri ts'o air'pollvt ori;''teirffrc aricl ihei ar ability b f y ;the ca'oiiriti =mi ht•be•avoided':'.. •• • f L h • `h-t he-P •rp ose statement• aterinte.sa ` rrp m tinues•irle aims to-irii` ioieithe'lii�abrli. :o .rirlicrri"crreas:b ion70tiir ;This por°fiorr of Elie:r .p ty f• y p g;'_:. king" an es-in land Ilse` crtterrrs'crirdthe lr.cirrs ortat on s steer that it more convenient: or:' eo le-'to i'voJk'bic 'cle card rise'ti cirrsit gird;drive less`tormeet Their dai1'heeds:, ' .:5 •''' - - ' hang in land•ii e and.travel "atter•us;will also conr lemerrtstate and locale ,oi•ts�to'"' :'' '� _ - �, :irreet other"objectives:includin containin viban•develo rrrent` ieduciri 'the.=cost:o , ectiii arir7 aril oiest land reducin -air;water and"'noise ollution •l • g f f _ -g ,, P,._ consentin ever :and r,educin .emissions of greenhouse gases:that contribute fo.. ±•g gy g. global climate`chan e::. • ti j eni basis a_dded• • One'.im ortant`decision-making.factor..for.parents:choosing day'cares is places- of work.;:Allowing day cares as'outright-or conditional'uses in=Tigard industrial•zones:that: , are'si' ificantl- lai -e:concentrations of•employment will;compliment the purposes'of the': industrial,zones in,the'City and'will:enable people.to drive'less vehicle miles and:.the`refore.•- : ,:. , n' r; n -re u e emissions:'This effect`is •articularl - •'reduce air'pollution; conserve-e e gy�a d d c p y' • ::evident for• arents of very;young,children in"day.cares, as.previously stated'in this application: • The;TPR requires Metro and.the City.of;Tigard to-adopt Transportation"System Plans (TSP's).', One measurable objective:of the TSP for Metro;(of.which=Tigard 1'.0°/a reduction in automobile vehicle;:m!les traveled (VMT)-'per.capita'for the Metro • area within:20'years of adoption'ofa (TSP).plan.. In addition.that significant:objective,:' - :in additional 5%0-reduction`of V1VIT.within.30 years;of adoption of the is • required through "subsequent planning efforts" [OAR 660-012-0035,(4}(b) and'(c)]. • "tt• Su "lement'to,'ZOA 1.999--0003;' `: Pae4- s' _ ..i • a'• it •of Ti' ard`Code will hel' .reduce;VMT for;the, f This,proposed:amendment�to;the�.0 ,y .g p „ _ .••• reasons:alread. stated:` ♦'is •` `, ..;, `t, r - - y.{ - ♦.- 1• - • City Of lard : Total Industrial Arefilk Acres 5/4/99 ZONING TYPE OVERLAY ACRES I-P COM 184.51 I-P IND 5.77 I-P IND 53.17 I-P IND 12.54 I-P IND 215.29 I-P IND 79.82 551.10 I-L• IND 14.32 I-L COM 363.71 378.03 I-H IND 58.04 58.04 Total Industrial 987.17 There are approximately 160 parcels in Zones I-P, I-L,and I-H. 1 CITY of TIGARD .. . . . . • • • • • • . .. :.4..• ••:....i..i.:.;i::::)...-...-.:-.'. :••• I ;<..< <,.• L.f........... •1 . 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W .:::::::::::: . • . . ..- • • --- • „,L .....-:. • .:, f::::.,.A.::'.:.i.:!...::....th.:', • 4.Ji. ,..,-E., ":-..---,::::11.:1!:,..1 i •1 1, .... .............. ...............,,.........,:::••••••••••••• • • ...•••••••• .•••• .. . :,::::„..:......:•:::.::::::::.::: ::::::4;:::,,::.,....y .„•: .• •- •••••-::::„:::::::::.:::.::: .........: ..:...1.1.111111.111 .......:.,:: 'illYirr•iii i 1-P . . _ . •• 7 :::::..igi...::::::„:::••;.::•.::1 .••• • • ...• •:. ,..., 11 E..,..i.iii7....p„,.....:.:.:.„1„..:....''''' • .:,...:.• .: : • •• • • ...•......... .4,..--..:,•.: - .....4........„.4::,::: .... ill.:iinvii7 ..I.4'??...f,.. • ,;:::::!...:::, • ... . ....4F1...• , • . . ...,...-.0;1,1„. ..............,.... .,...... ............':::::::: . ... :..“.: .. :.,. 1... : •• 1 - .41,11: •.! : . • ...13:ii•-•.kk,:•:•4 , \ :,.....v, • ::::,!..:.: • ••••;•,..V• • •••••••,..1.••f'.4 1••!•:••/•••Mit• • ... ,i,:: :....; I i••...LI ..:::::::• ••••• ••••••.,• '••• ••',•••,1,..21...t.I I::i..,(1 .....,11e••Iiir Plc.!clal,:::•: tylry•4 V.,.....:.: : ..-— . . .: .. :....1....,,ifirr 0...,l'I '‘.. )'.........,..::....t■'...1.........• •1 ALSO VIA FAX: (503) 352-2 • August 11, 1999 7 $' 00 \\ John L. Brosy Land Planning and Development Services 161 High Street SE, Suite 204 CITY OF TIGARD Salem, OR 97301 RE: Notice of Incomplete Submittal —ZOA 1999-00003 OREGON Dear John: The City received your request for a legislative text amendment to the Community Development Code to allow Day Care as an outright or conditional use in Industrial Zones (I-L, I-H and I-P zoning districts)_on July 12, 1999. Based on a review of your application materials, Staff has determined that your submittal is incomplete for the • purposes of continuing with our review. The following additional materials are required before Staff can consider your application complete and begin the process: 1. Submit an additional narrative addressing the Decision-Making Considerations for a Type IV Procedure (TMC 18.390.060.G). I have reviewed your application materials again and discussed the proposal with several of the Planning Staff. There is a consensus that your request, as currently presented, relies too heavily on comparison with neighboring jurisdictions and does not provide a persuasive- enough argument for Staff to recommend approval. For example, your narrative must address how your proposal meets the intent of the Comprehensive Plan Industrial Land Use designation: to "Protect existing and potential lands suitable for industrial development from encroachment by non-industrial or incompatible uses" (City of Tigard Comprehensive Plan Vol. II, Section 12.3.3). You must also address applicable State and Metro standards as noted in Section 18.390.060.G. You acknowledge that industrial land supply in Tigard is limited; however, after concluding that Metro's regional-scale data has "limited usefulness" you fail to provide any Tigard-specific data or analysis. You must provide accurate data that the City can rely upon in considering your request. Please note that these general comments are based on Staffs preliminary impression of your application materials and are intended only as a guide in preparing a complete application. This letter should not be construed as a formula to ensure a favorable Staff recommendation. 2. As you are aware, Measure 56 requires that local government notify affected property owners of a proposed change to the allowed uses in a zoning district. It is City policy that applicants bear the cost of mailing notice. Please submit two sets of pre-addressed, postage paid envelopes for notification of all owners of property in the I-L, I-H and I-P zones. You should also submit a copy of the property owner list in mailing label format. Please call Joel Groves, Associate Planner/GIS Specialist at 639-4171, ext. 321 to request a list of property owners. Once the required information has been submitted, Staff will deem the application complete and begin the process. Since I will be leaving the City of Tigard at the end of August, Julia Hajduk will take over as the Planner on this case. If you have any questions about the information contained in this letter, please direct them to Julia at (503) 639-4171 ext. 407. Since a y, I t••• .�� Mark . 'o• s v Associate Planner is\curpin\mjr\zoa\zoa99-03.inc c: Joel Groves, Julia Hajduk, ZOA 1999-00003 Land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD(503)684-2772 08/11/99 13:56 $503 684 7297 CITY OF TIGARD fj 001 • ******ss*****s*****s*s***** *** ACTIVITY REPORT s** *************************** TRANSMISSION OK TX/RX NO. 8229 CONNECTION TEL 503 362 2541 CONNECTION ID START TIME 08/11 13:54 USAGE TIME 01'01 PAGES 1 RESULT OK ATM VIA FAX: 503 362-25411 August 11, 1999 John L. Brosy Land Planning and Development Services • �� �� ��� 161 High Street SE, Suite 204 Salem, OR 97301 RE: Notice of Incomplete Submittal-ZOA 1099-00003 OREGON Dear John: The City received your request for a legislative text amendment to the Community Development Code to allow Day Care as an outright or conditional use in Industrial Zones (I-L, I-H and I-P zoning districts) on July 12, 1999. Based on a review of your application materials, Staff has determined that your submittal is incomplete for the purposes of continuing with our review. The following additional materials are required before Staff can consider your application complete and begin the process: 1. Submit'an additional narrative addressing the Decision-Making Considerations for a Type IV Procedure (TMC 18.390.060.G). I have reviewed your application materials again and discussed the proposal with several of the Planning Staff. There is a consensus that your request, as currently presented, relies too heavily on comparison with neighboring jurisdictions and does not provide a persuasive- enough argument for Staff to recommend approval. For example, your narrative must address how your proposal meets the intent of the Comprehensive Plan Industrial Land Use designation: to "Protect existing and potential lands suitable for industrial development from encroachment by non-industrial or incompatible uses" (City of Tigard Comprehensive Plan Vol. II, Section 12.3.3). You must also address applicable State and Metro standards as noted in Section 18.390.060.G. You acknowledge that industrial land supply in Tigard is limited; however, after concluding that Metro's regional-scale data has "limited usefulness" you fail to provide any Tigard-specific data or analysis. You must provide accurate data that the City can rely upon in considering your request. Please note that these general comments are based on Staffs preliminary impression of your application materials and are intended only as a guide in preparing a complete application. This letter should not be construed as a formula to ensure a favorable Staff recommendation. 2. As you are aware, Measure 56 requires that local government notify affected property owners of a proposed change to the allowed uses in a zoning district. It is City policy that applicants bear the cost of mailing notice. Please submit two sets of pre-addressed, postage paid envelopes for notification of all owners of nrnnertv in the I--I__ I-H and I-P zones. You should also submit a cony of the • August 11, 1999 hat John L. Brost' __ Land Planning and Development Services 161 High Street SE, Suite 204 CITY OF TIGARD Salem, OR 97301 RE: Notice of Incomplete Submittal —ZOA 1999-00003 • OREGON • Dear John: The City received your request for a legislative text amendment to the Community Development Code to allow Day Care as an outright or conditional use in Industrial Zones (I-L, I-H and I-P zoning districts).on July 12, 1999. Based on a review of your application materials, Staff has determined that your submittal is incomplete for the • purposes of continuing with our review. The following additional materials are required • before Staff can consider your application complete and begin the process: 1. Submit an additional narrative addressing the Decision-Making Considerations for a Type IV Procedure (TMC 18.390.060.G). I have reviewed your application materials again and discussed the proposal with several of the Planning Staff. There is a consensus that your request, as currently presented, relies too heavily on comparison with neighboring jurisdictions and does not provide a persuasive- enough argument for Staff to recommend approval. For example, your narrative must address how your proposal meets the intent of the Comprehensive Plan Industrial Land Use designation: to "Protect existing and potential lands suitable for industrial development from encroachment by non-industrial or incompatible uses" (City of Tigard Comprehensive Plan Vol. II, Section 12.3.3). You must also address applicable State and Metro standards as noted in Section 18.390.060.G. You acknowledge that industrial land supply in Tigard is limited; however, after concluding that Metro's regional-scale data has "limited usefulness" you fail to provide any Tigard-specific data or analysis. You must provide accurate data that the City can rely upon in considering your request. Please note that these general comments are based on Staff's preliminary impression of your application materials and are intended only as a guide in preparing a complete application. This letter should not be construed as a formula to ensure a favorable Staff recommendation. 2. As you are aware, Measure 56 requires that local government notify affected property owners of a proposed change to the allowed uses in a zoning district. It is City policy that applicants bear the cost of mailing notice. Please submit two sets of pre-addressed, postage paid envelopes for notification of all owners of property in the I-L, I-H and I-P zones. You should also submit a copy of the property owner list in mailing label format. Please call Joel Groves, Associate Planner/GIS Specialist at 639-4171, ext. 321 to request a list of property owners. Once the required information has been submitted, Staff will deem the application complete and begin the process. Since I will be leaving the City of Tigard at the end of August, Julia Hajduk will take over as the Planner on this case. If you have any questions about the information contained in this letter, please direct them to Julia at (503) 639-4171 ext. 407. Since a y, Mark . ' •e-� , s o Associate Planner i:\curpin\rnjrizoaNzoa99-03.inc c: Joel Groves, Julia Hajduk, ZOA 1999-00003 Land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772 , yt . y •K,,,•. _.}: _ _ ., .<` _ ai — i fit. h-. .t^ V�O BROSY _ '151igh"St: S te;20 �f •ui 4'' �' t: .Salem OR:97301• y': and Development Services:, 50 ` 6 2? •tom - .. .J,- y , "1.. - .l \• 4': - , :� '1Vlark.Roberts�' �.� 1 r,%:• As oc atePlanne • { y Cif .of Ti and 1 '1 Ha11 Blvd: . 3 25'"Sw �<> r 223.= T `a d,�OR 97 'V1 _ R =L'e islative-Code Amendment'Re quest:Re ardin Da :Care'Centers-in' ! I ndust rial Zones iY. •t G Dear 1V1r. Roberts: ''3': The followin .infoimation su orts'a,re uest''to amend the city-Ho f:1: ard'Zoniii =•'to-al'low'child''da 'care centers as outri •ht or conditional;uses n t'he Cit" 's.'three'industrial':': ^' "I-P, I L and•I-H These•commercial day:centers.;know,n:hy such business`'nai in'the`southwest metro olitan--area'''as K rridercare Learniri••.Tree•.arid.Tutor Time are . allowed-.iri:industrial zones'in surroundin tmsdictions which recoa nize ;center's.havee an im' 'cities",I'i'`ard'remains.thtehat n l c h'iCl ortant�reason:to belocated•near 'laces'of industriem to ed ntc,.:a,t:`rh e a t`,Despite ractice.of other‘borderir . •; ,:'`does no f s iic h uses in their-threeI-zones. r;;: Descri tion•ofUse'T e: ,f P >- YP -0 In•the Tigard Code,:these'uses.are-defined.as•. 'Institutional.'DarCare,. which is_a:day,care :� • facility•oper.•ated-for;13:or more:children'[Chapter':1:8.130,Use-.Classif cations, Section' :`s 18.130:020(A)(5)(c) ,Other:neighboring cities.call them.Child Care Faeilities 4 • t (Beaverton), Child.Day,Care Center,(Tualatin),;•Day Care Facility, (Washington:County) `or Daycare Portland °These kind o.f da rare centers' rcall oecu a.buildin of 4. approximately.7,000-10,000 square feet with a 2;000-3',000.sq ft 'playground, • -• __ approximately 1'5-25 parkinispaces brfa,tOtal i5arcel.size Of-32,000 s •''ft: to-38,000's• ft.. In'other cities,these'uses-are'w:ery,often:located on:collectors or.arterial:streets in both industrial•and-commercials zones:,,One'important'locational factor-is.that many parents„ t :: spend'part of:their lunch hour or:other part of the work day visiting their child, so = - proximity to place of work is important to parennts: Overalltrip miles ar'e reduced when'.' • •the center•is located near the'.place work.:ork..•Close proximity to parents=;work place is an _important locationat factor in the childcare center business: c: :'. ; ' - ..- '•• .. •' ` ,. ' 'l' ., ' _`,• ,may . • • Mark Roberts July 12, 1999 Page 2 Day Care Centers in Industrial Zones of Neighboring Cities The zoning codes of the four major cities (not including Durham or King City) which abut the City of Tigard were compared, as they relate to day care centers in industrial zones. Those four cities are Portland, Beaverton, Tualatin and Lake Oswego. Portland In the City of Portland, these uses are called "Daycare." As such, they are allowed as outright uses in Portland's EG1 (General Employment 1), EG2 (General Employment 2), and EX (Central Employment) zones. They are permitted as conditional uses in that city's IG1 (General Industrial 1), IG2 (General Industrial 2), and IH (Heavy Industrial) zones. Daycare uses which are 3,000 sq. ft. or less in floor area do not require conditional uses in the IG1, IG2 or IH zones. The conditional use approval criteria in the City of Portland's industrial zones for Daycare uses are intended to promote preservation of land for industry while allowing other (daycare) uses when they are supportive of the industrial area or not detrimental to the character of the industrial area. The approval criteria are (33.815.125): A. The proposed use will not have significant adverse effects on nearby industrial firms; B. The transportation system is capable of safely supporting the proposed use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, access to arterials, transit availability, on-street parking impacts, lot access requirements neighborhood impacts, and pedestrian safety; C. The proposed use will not significantly alter the overall industrial character of the area, based on the existing proportion of industrial and non-industrial uses and the effects of incremental changes; D. The proposed use needs to be located in the industrial area or building because industrial firms or their employees constitute the primary market of the proposed use; and E. City-designated scenic resources are preserved. • • Mark Roberts July 12, 1999 Page 3 Beaverton The City of Beaverton defines nursery, day or child care facility as providing care for compensation for seven or more children (* on Matrix) during a 24-hour period. As such, they are permitted as outright uses in Beaverton's IP, Industrial Park and LI, Light Industrial zones. [20.15.10(A)(17) and 20.15.15(A)(19)]. In the CI, Campus Industrial zone, they are permitted so long as they are use no greater than 60% of the land area in a "development control area." These are the only three industrial zones in the City of Beaverton (** on Matrix). In Beaverton's code section 60.40.25, there are special requirements for these facilities, wherever they are located. The outdoor play area must have a minimum of 100 sq. ft. of play area for every 1/3 of the total licensed capacity of children. The play area has fencing requirements. Facilities licenses for 40 or more children may be required to have a driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading children. Tualatin The City of Tualatin describes this same use as a Child Day Care Center (zoning code page 31-6, definitions). These uses are allowed outright in all three of that city's industrial zones. Those zones are ML, Light Manufacturing, MG, General Manufacturing and MP, Manufacturing Park. The only stipulation is that in the MP and ML zones, exterior walls and outdoor play areas shall be a minimum of 400 feet from the exterior wall and pump islands of any automobile service station, irrespective of any structures in between (***on Matrix). Lake Oswego The City of Lake Oswego does not define the size and kind of day care centers that are part of this city code comparison. Lake Oswego only defines facilities that regularly accommodate 12 or fewer children. All other day care facilities are considered in the broad category of "institutional uses." Lake Oswego has very little industrial zoning as a percentage of total city area. They have two industrial zones. These are called Industrial (I) and Industrial Park(IP). Institutional uses are not permitted as outright or conditional uses in these two zones. • • Mark Roberts July 9, 1999 Page 4 Other Cities Two other cities are added to the comparison. Because of the large size (by Oregon standards), these cities have several similar facilities. Salem The City of Salem defines Child Day Care Center as a facility which provides child care or kindergarten for 13 or more children. Salem has four industrial zone classifications. They are called Industrial Business Campus (IBC), Industrial Park (IP), General Industrial (IG), and Intensive Industrial (II). That City allows Child Day Care Centers as outright (permitted) uses in all four industrial zones. Salem also has a "hybrid" zone called Industrial Commercial, which allows a mixture of different uses. Child Day Care Centers are not allowed as outright or conditional uses in that particular zone. Gresham Child Care Facilities are regulated by the City of Gresham as "Community Services" in Article VIII, "Special Uses" (8.0100) of their Land Development Code. Gresham has three industrial zones. They are called Business Park (BP), Light Industrial (LI) and Heavy Industrial (HI). Child care facilities for 13 or more children are allowed in all three industrial zones through that city's Type III, Community Services approval process. This Type III process is essentially a conditional use,but is heard by Gresham's Planning Commission rather than their Land Use Hearings Officer. Day Care Centers as Land Users It is recognized that the City of Tigard no longer has a large supply of vacant or under- utilized land zoned for industrial uses. This is locally important from a tax base standpoint. The general understanding is that residentially zoned land demands more services than it generates in property taxes, and commercial and industrial land demands • • Mark Roberts July 12, 1999 Page 5 less services than are generated in property taxes for those businesses. However, the familiar child day care centers such as Kindercare, Learning Tree, and Tutor Time typically occupy sites of less than one acre in size. As private businesses, they pay property taxes just like industrial businesses. The improvement component of a property's assessed valuation is dependent upon building cost and value. Since the typical day care center building is commercial grade construction and details, these businesses often pay more in property taxes on their real property improvements than many industrial uses now allowed in Tigard's three industrial zones. Children day care center uses are seen by almost all cities in the metropolitan region as supportive of industrial areas. Typically the sites used by children day care centers are efficiently used, because of high land values and the competitive nature of the child care business. Compatibility Issues Compatibility between children day care centers and other industrial uses, when the centers are allowed to locate in industrial zones, is handled extremely well by the competition of the private business sector. A center that is located near another use, whether it is incompatible or only perceived as incompatible, will not succeed in the marketplace which has other child care location options for parents. This situation is so obvious to those business owners that there are no examples of these kind of incompatible land uses in the southwest Portland metropolitan area. This is not because of zoning codes, because as the survey of other city code shows, day care centers are usually allowed in industrial zones. There are no incompatibility issues because of practical business decisions of day care center owners. In industrial parks where there may be many business leases with one land owner, there is an additional protection against incompatible uses, exercised by the property owner to protect his/her existing tenants. • • Mark Roberts April July 9, 1999 Page 6 Effect of Excluding Day Care Facilities in Tigard's Industrial Zones Southeastern Tigard is where the majority of industrial land is located in the City of Tigard. In particular, the land bounded by I-5, Highway 217, Fanno Creek and the southern City limits of Tigard is dominated by I-L, I-P and I-H zones. Very little vacant land of any kind in this area has any other zone. The City of Tigard now does not allow children day care centers as outright or conditional uses in any of these three zones. This is despite the fact that a very large population of persons employed in that area use day care facilities for their children. The most significant industrial area of the City of Tigard is not and cannot be supported by even one day care use, because of the restrictions now found in the City Code. Because of the limited vacant land in Tigard, the practical effect of changing the zoning code text will probably be the location of one or possibly two new day care businesses in the large industrial area previously described. It should be noted that The City of Tigard recently completed a rezoning of the "Tigard Triangle" area which is on the north edge of the enclosed zoning map. The "Mixed Use Employment" (MUE) zone used in the Triangle does allow commercial day care centers. However, this does not solve the problem in the southeast industrial area because in fact the Triangle area is across the freeway and fairly distant from a travel-time standpoint, from much of the industrial lands in this part of the City. The MUE designation helps, but it does not solve the siting problem for the large majority of the southeast industrial area. One effect of the peculiarity of the Tigard code as it relates to commercial day cares is that the closest day care to this area, which is located near the City limits of Tigard in the City of Durham, has a very high demand. Because of facility capacity and government requirements concerning staffing ratios and classroom space, that business cannot keep up with demand and a long waiting list must be used. That business is the Learning Tree Day School at 18115 SW Lower Boones Ferry Road,just outside the City of Tigard and south of the zoning map enclosed. According to that school's records, as of June 11, 1999, their waiting list numbered 52. The waiting list is updated regularly. Demand generally is greatest at the beginning of the school year. That school's good reputation has helped create the large waiting list, but the lack of other commercial day cares to the north in the industrial part of the Tigard also is believed to create this situation. • • • Mark Roberts July 12, 1999 Page 7 At the City's suggestion, the issue of scarcity of industrial land in Tigard was further researched. The technical memo from Metro titled Nonresidential Refill (Redevelopment and Infill) of April 12, 1999 was reviewed. Among other topics, this report describes the likely results of scarcity of industrial land supply. The memo had limited usefulness to individual jurisdictions. Industrial inventories are inherently subjective because when a property is underutilized from the standpoint of the current allowed zoning, it is sometimes counted as occupied and sometimes not. For example, a rental house that is located in an industrial zone may be counted as occupied land, but it clearly is land available for redevelopment by a higher value industrial use. The fact that Tigard has a small amount of vacant industrial land does not in itself reduce the importance of allowing commercial day cares as allowable uses in industrial zones. Their overall use "footprint" is relatively very small compared to other industrial uses (as described earlier in this letter), and their function actually supports the industrial districts by providing day care opportunities close to parent's employment. Conclusion The City of Tigard, recognizing that children day care centers are supportive of industrial areas, should amend its zoning code to allow such uses as outright uses in Tigard's I-L, I-H and I-P zones. Sincerely, AO' I • -- Jo _ L. Brosy, AICP c: Jack Steiger Jim Blackwell encl: Comparison Matrix City of Tigard Zoning Map (portion) • • Comparison: • Day Care Centers* In Industrial Zones See text for *'s Zone City and Zone Abbreviation Allowed Outright Conditional Uses PORTLAND: General Employment EG1 X General Employment EG2 X Central Employment EX X General Industrial IG1 X General Industrial IG2 X Heavy Industrial IH X BEAVERTON: Industrial Park 1P X Light Industrial LI X Campus Industrial CI X** TUALATIN: Light Manufacturing ML X General Manufacturing MG X Manufacturing Park MP X*** LAKE OSWEGO: Industrial I (Not specifically defined. General category of Industrial Park IP "Institutional Uses" not allowed in I or IP zones SALEM: Industrial Business Campus IBC X Industrial Park IP X General Industrial IG X Intensive Industrial II X GRESHAM: Business Park BP X Light Industrial LI X Heavy Industrial HI X TIGARD: Industrial Park I-P (Day Care Centers are not allowed Light Industrial I-L in any of the three industrial zones as Healy Industrial I-H outright or conditional uses in Tigard) t!tett st In . • • ; 4 t " :• I CI t..%; :1•{ • • '444' 114.A. 14,•41;'4,111 (...)•.(;") .. et'• • . .:.. • . 4...• • •*". 44.4., ••• • : I ,4* • . . . . • . . . • "44 • • •• •''•• • "":„ . . • • 44t • ::: • • : . . ••;:: • . , • . . • ••,44 .. • • •t'•• .• • • .. • • • . . • $ . • .• .. .• .. • DURHAM T3o &Ro uN ARcf(/ MATe KV- LS • • ' 2/25/00 ZONING Taxlot No. Acres • pLYIKID]IIIIIIU4.1.111 ' pi3115]:I:I1IIDIII1� ' • MI:i.7aall1131I1� 1. I-' `f.Yma:ilI1}:31I1'lingRa • 1• 111 iilliMMIMIIIIIIIIMMIIII I 251010001100 Emili 1-' V•f.Y[IIIIIIIIIIEIIII� % : 1-• maUIUMORMON.IMIIIIIIMMA ' paNPd1J:11I11•11I11.111.11 rani onimmommummium I_• P.LYIIP.lU:11I11:11I1' .1 I-, k IUPl ]E III:YI11� 1 I-' P.LY11PZWIII1.11IIa liairj • 1 II I 2S112DC01500 4.61 • II 1 ■ 11 limme 2S 11313A00500 -• P.1 iurd:1A1IIrisI111.111 IIIIIIII I-• r4.Y1IcI 1IIK1I1111.11 I-' : • 11 II -Y 2S 113A1301600 0.01 84.10 - 11,413Ul1:Z.I111.1/Lo1I_ 1 I- p•I.YUI WWI Pd1MIIM IMIIIIIMIIIIIIMUJI I- ram Wall P(IIla 111.11111111=• I- P.i.YUIIIIGOICMIMI imminfEn I- pain1 DJ,11 ,L111um 1 .., I 11 • 11.11 :.1 - I-L 2S 11213A06000 0.53 I-L 2 S 112BA06100 0.13 I-L 2S 11213A05801 0.71 I_ : • 1 :11 1. • -L 2S112A1302000 1.00 -L 2S112AB01900 1.18 I_ • :1 •1 1 ' -L 2S 112A1301600 I • .1: I 0.86 I- S I III ' 11 1.11 147.97 1 2/14/00 • • ZONING Taxlot ID ACRES I-P I-P '1S 134AD06301 10.14 I-P -1 S 134DA03400---r°°^'4'k 5'7'12"r2 1.10 I-P '1 S 134DD00102 1.75 I-P S 13 5 BB00600 1.24 I-P 11S135BB00800 _2,04 I-P S135BC00500 91.),4,r"'7 y I-P 1S135CB00800 2.05 I-P 1 S 135CC04000 4.62 I-P 2S1010001100 13.40 I-P 2S1010000800 23.37 I-P 2S102BA00390 0.23 I-P 2S102AB01801 1.04 I-P 2S 102BA01190 0.13 I-P 2S102DA00690 0.20 I-P 2S 112AC01601 . 0.68 I-P 2S1 12DB 00.50.0 ___c1_036 C�36 I-P k(>()) r�r S 112 :Q:60 �. � N4'`r Sri n 2. 7� / q9-Y3 I-P 2S 112DB00700 4.66 I-P 2S112DB00800` 5.61 1-P 2S 112DD01500 0.78 I-P 2S 112AC00900 2.67 I-P \J22S`172AC01200 2_68' ton-15 9I ? I-P 2S112AC01300 1.82 I-P �2S 112DC01500 4.64 I-P / 2 S112DC01400 5.36 I-P 2S113BA00500 2.42 1-P Q. 2S1 3BA00300 1.01 I-P 2 13BA00200 1.82 5���)��, I-P ,_ S113BA00400 19-7.0� 99-2 I-P A00100 2.81 wnruS e I-P S 113AB008.00 ==_� ����6.3�_�^�es I-P / 2S113AB01600 _ 0.01 92-ai I-P V 2S'114A001103 ,7 9 u3i4 v tl.'Dti I-P SZ 114A001200 5,5 c-'e/-O3 I-P 2S 114AD0-5310 1.9� I-P5 9, Li 6 I-L 1-L 2S 10l BC00103 1.98 I-L 2S 101 BD00302 0.85 I-L 2 S 101 BD00301 1.90 I-L 2S 101 BCO2700 0.88 I-L _ -- 2S1010001202 10.30 I-L 2S1010000701 0.21 I-L / 2S 10�1000T1200 25.62_ Pao ��ss��G�^5 I-L • `�2 S 101 DC041'00___ I J9 ) 49-,o I-L 2S1010001400 13.31 I-L .2S 101-DD0.0700 - 0.22 , I-L • - 2S102DA00600 8.07 1-L - 2S 112BA06000 0.52 I-L s 2 2S112BA06100 0.13 I-L 2S112BA05801 0.70 I-L 2S112BA05800 0.31 I-L 2S112AB02000 1.00 I-L 2S112AB01900 1.20 I-L 2S112AB01901 0.34 I-L 2S112AB01600 0.11 I-L 2S112AC00300 2.05 1 2/14/00 • • ZONING Taxlot ID ACRES I-L 2S 112AC01000 0.41 I-L R-r36 10, Grand Total: 204.05 2 ..c..2 * .• 9 • . .. ..1 .... • . .. . . ......"; • ..• • :. . .1: :•: ...*: .... - . ...., ..... ••.i... : 14 ...., :... :... .. . . :: ..".:•;...'. . 4 E — .. .• .. . . . .... .... ... • . .. : .. . , ... :. ' 1 . .. • " • I . : :. . . ... .. .. ....:•.! • .. . .. .. ... .... . . .. . • ... . •. ., .. :. ..... . ..• , . . 7..7...'• .. : • . . . . : . ..., . . .. • : • ..................--........—......................------............................................................................„— —„—..................................................................—.--„.........................----....: •i*.: ..." . ..... ••• • „ ******'•'•• . ••• ,. ::::::•••••::**.....*........ ......::::::::::::::•::::"....:*'*•••••**I ....:•:•:•:!•:•••••••.:*•***'*''.......• ..::•:.:..::::...::.........:::.*: 1...,..;,,E ,,, i i.........::::::..i.........:::::•:•::**•.:'•'••• .. k.,,, ... .., ....•. .. ••. •: • ...•N , ..„ , .... -...„ -,,,„\\,.4't N.. •S: \ ......., '`,,,,,,N'...,•\.....:,,, ....\\\'', •,...,44....\'''.:'''. i 4......„. ,•,.. . .'.....\... \- .••• ...;...... ......... 7....": •-,.....::!. .''.'..5 ..,.....• • '...;.'. i...1) ......,*1 ; •:;',.`.....: '44:11 M •.... .''.... '''''' 0.) ; ••.*:•;..i CA? '''.!..'; ....... ....... .... ,....., , • . •••• _ ....:„ I ....f.4 ....... f.". ; ......::. i i !.....•':. t .., .•.•• ..... • I ...` .., ... :•: 0 0 • .•••• • . . ••• . :•••• . .„........... . . ...... . . . . .. . . . . ... •• • • • • crry of TIGARD . . : . .. . .. . . • : . . • . . , . .. . • , ••• : ..„ . . • ' • . . . . • ,. .. . . • . : • • .. • . , . . ...... . . • . .. • . .•! ..' ...,:. . . . . . • ... . . . . : • • . .• .4. , ... .. . • . • . . . . . • . . . . : Industrial Zoned Vacant Land . . • . . . . . . • rs : . . .. . . . . . . ... . . • . . . .. . : . .... .. . : • . . ,••• . - . .. . ••.••••••___ . . . ... . • • . . . .. •• •••••• . • •. • . . • • • • . .... . . : r.. . . • . sr . .. . . . • . . . . . . .. . . ..... ••• . ••..... ... . •• .. . . . .. VaCant La rid . . . . . . • .. . - : • • • •• . • ' ...T .:. . • -,..• • . . . . . . . . • . . .....„..... • : . . . . . . ,:•. . . • :• . ...: • :. • . e . . . . . „.. • :. : .. . .- •- • -„. • , -- • • FErVIA 100 yr Flood Plaid . . . . . • • •- . . ..... . , , . . • • . • • , .- . .. . . • . . ... . • • • .. • • . • . . i . . • 100 yr . - . ••,. „ - . • . • .. •:. .. - .• .:. . . •• -• . . • . • . . .. . . . . • . . . , • • .. . . . • • . . • : - ..... . , g.. ..• . . . : . . . • . . . . . - • • . . • ... .. .. . ... • . • , . :••• . . .... • -•••,... ,:. • • . .. • . : • ,.. . . i...• . Ineustial. Zones , , - . .. • • • . . , • . . . .. • . . . . . .. . • . . ,. . ... . . • . . . . • • . - . • . . • - . . . • ,...• „ . . . . . .. . . • 1-H hie.,:ivy iridustriai . .... ..., .. . .. • . . . . . . . -• . - ••••. . :•• , • • ,...... . . . . •... .- • , •• • i-L Light iridustrit.-11 •.. : . . . ... .• • ...• . . . . : .. ..:.• . : . . . . . . . . . . . • • • .• .. .. _ • • • 1.-P Industrial Park • . . , . . . . .. . . . . Industrial Zoned Vacant Land . . . „ . . .• . ... : . • • • • • . .• . • • . . . ,.. . . .. . . : . . ... . : . . • . . . . . . . . • . : .. . . • . . .. • . ••••; •.. Acreage of Vacant Lands Classified by Zone • ...a. : • •-• • Streams . . . . --•„•• , I g : . . ...... ... .. : ..,:„....:.... . H Heavy Industrial Vacant Land . ... ... • ..... .„. . • i . • . . . : •• : : • . .. , . I n.„• ....,. s•-•..-4.:.,::::•i:i. : i • . ... ,.. -••• ki.„•:-.., i : ii it 1 Tig-ard 11.10ty• larnits . .• . . ; ... .. . .. . . -•:. . 4 : 1 4 . . . No Vacant I. anti . 7 . . • • ••• • • . • . . • . . •„.... •• • • . • . . . • • . : .. . . . • : .... • • • 14 Light Industrial Vacant Land • • A. . . . : ..• : . .. • . • . N . . . . 7.. • - • • 84.10 Acres - • • . • t • 7 • • . . . :• . • ..• • • . , . . • , . . • . , . . • .• , .. - • . . . .. , 1-P industrial Park Vacant Land ..,: • • .. . . • • . :•., • . • . . :. ..: ...• • : .: . . , . .. • . „: • • . . 63,87 Acres . . .. • . . • • -. - „..• . . . • • . • • „ .„7 -. . . . . • • „7 N. . •• . . , . . . • •• • ..„,• 7. 7. ..,7 • • . -7-.4 . „ . . ...• • 7„..„ . . . ..:.. ,,,..• - •-: 7' 7 • • .. .77 t . . i i Totai Acres: 147*97 • , .... .. . . .• . . . •••. • .., . :. ., . ... ... .t. . • . . . . . . ...• • . . : . . . . : . . .. . . • . . . . • ... • . . ... . ... . . . . . . : ..... .. .. . . • . • . • • • • . .. . . ..... .• Pittie . . •.: . _ • . . . • . - .. k :"• ‘t. • „..., - - : . • . •. . . •••1 . . . , . . 111.i P:,...!T.;:irti hal to he illin);-neti tn-rtirig. ittliintitEe.. pLitti iienites trttnri,...114.2 t ',nal:: en*.•in,' •I FAIL: :ill itn,ditn EtiitEke• ifno„...1111/4,11; •111,..! I Cit Invi)iveitierit — 1 ,2 p]-(ei inn•zen in\ tie inn:nye:nett; poinine kk kir :ill ;kit' kkikiii/•,ii.1 irk:111,1k; tri‘n1n, ";) ""H. •1 te,t. citizen linn..1\ elt)Eiiii1/4.a.it 1/411:E. i.11":11'n.,•111i•-111 :And :or i»viii‘•1/4.‘tii1/4.stit. iiii:":1-111•Ikii rikl• 4.11 I„ 1.1,2 thc L.:And :And IA} 11.1\ its rricrnbcr-: :-...11i.ill •1.1'. Goal 1 • • Page 2 of 4 2. Communication --To assure effective two-way communication with citizens. Mechanisms shall be established which provide for effective communication between citizens and elected and appointed officials. 3. Citizen Influence --To provide the opportunity for citizens to be involved in all phases of the planning process. Citizens shall have the opportunity to be involved in the phases of the planning process as set forth and defined in the goals and guidelines for Land Use Planning, including Preparation of Plans and Implementation Measures, Plan Content, Plan Adoption, Minor Changes and Major Revisions in the Plan, and Implementation Measures. 4. Technical Information --To assure that technical information is available in an understandable form. Information necessary to reach policy decisions shall be available in a simplified,understandable form. Assistance shall be provided to interpret and effectively use technical information. A copy of all technical information shall be available at a local public library or other location open to the public. 5. Feedback Mechanisms --To assure that citizens will receive a response from policy-makers. Recommendations resulting from the citizen involvement program shall be retained and made available for public assessment.Citizens who have participated in this program shall receive a response from policy-makers. The rationale used to reach land-use policy decisions shall be available in the form of a written record. 6. Financial Support --To insure funding for the citizen involvement program. Adequate human, financial, and informational resources shall be allocated for the citizen involvement program. These allocations shall be an integral component of the planning budget. The governing body shall be responsible for obtaining and providing these resources. GUIDELINES FOR GOAL 1 A. CITIZEN INVOLVEMENT 1. A program for stimulating citizen involvement should be developed using a range of available media(including television, radio, newspapers, mailings and meetings). 2. Universities, colleges, community colleges, secondary and primary educational institutions and other agencies and institutions with interests in land-use planning should provide information on land-use education to citizens, as well as develop and offer courses in land-use education which provide for a diversity of educational backgrounds in land-use planning. 3. In the selection of members for the committee for citizen involvement, the following selection process should be observed: citizens should receive notice they can understand of the opportunity to serve on the CCI; committee appointees should receive official notification of their selection; and committee appointments should be well publicized. B. COMMUNICATION Newsletters, mailings,posters, mail-back questionnaires, and other available media should be used in the citizen involvement program. http://darkwing.uoregon.edut--pppm/landuse/GOALS/Goal_l.html 02/22/2000 Goal 1 • • Page 3 of 4 C. CITIZEN INFLUENCE 1. Data Collection -The general public through the local citizen involvement programs should have the opportunity to be involved in inventorying, recording, mapping, describing, analyzing and evaluating the elements necessary for the development of the plans. 2. Plan Preparation - The general public,through the local citizen involvement programs, should have the opportunity to participate in developing a body of sound information to identify public goals, develop policy guidelines, and evaluate alternative land conservation and development plans for the preparation of the comprehensive land-use plans. 3. Adoption Process -The general public, through the local citizen involvement programs,should have the opportunity to review and recommend changes to the proposed comprehensive land-use plans prior to the public hearing process to adopt comprehensive land-use plans. 4. Implementation -The general public,through the local citizen involvement programs,should have the opportunity to participate in the development, adoption, and application of legislation that is needed to carry out a comprehensive land-use plan. The general public, through the local citizen involvement programs, should have the opportunity to review each proposal and application for a land conservation and development action prior to the formal consideration of such proposal and application. 5. Evaluation - The general public,through the local citizen involvement programs, should have the opportunity to be involved in the evaluation of the comprehensive land use plans. 6. Revision -The general public, through the local citizen involvement programs, should have the opportunity to review and make recommendations on proposed changes in comprehensive land-use plans prior to the public hearing process to formally consider the proposed changes. D. TECHNICAL INFORMATION 1. Agencies that either evaluate or implement public projects or programs (such as, but not limited to, road, sewer, and water construction, transportation, subdivision studies, and zone changes) should provide assistance to the citizen involvement program. The roles, responsibilities and timeline in the planning process of these agencies should be clearly defined and publicized. 2. Technical information should include, but not be limited to, energy,natural environment, political, legal, economic and social data, and places of cultural significance, as well as those maps and photos necessary for effective planning. E. FEEDBACK MECHANISM 1. At the onset of the citizen involvement program, the governing body should clearly state the http://darkwing.uoregon.edui-pppm/landuse/GOALS/Goal_l.html 02/22/2000 Goal 1 • Page 4 of 4 mechanism through which the citizens will receive a response from the policy-makers. 2. A process for quantifying and synthesizing citizens' attitudes should be developed and reported to the general public. F. FINANCIAL SUPPORT The level of funding and human resources allocated to the citizen involvement program should be sufficient to make citizen involvement an integral part of the planning process. Back to Top of Page Back to Table of Contents On to Goal 2 iwwwww Back to the Land Use Information Center Home Page:.. Back to the PPPM Home Page �++� • http://darkwing.uoregon.edu/--pppm/landuse/GOALS/Goal_l.html 02/22/2000 4111■ oi• • • .•• • . • *. •.. . . . • • . • : . . . .• • . • • • ••**•• •'-- ••• •'•• • ,W* " .............. •.:1•1747,- • • • rf;' ••• K .10 ••••••+ f.a.4 :-. • kik.; ,K. • • . . ••• ,•• • • ••-••A • 0•. • •••!' ••• ••••• • • . • • "." '•••••!.. 114,1 , • • ••• ••••• .";'• • •••••, • •• . 0 '01'0 and u •uorructuUs.ru soul ecoucurUK: :Fur:spur:n(1:ln IrareSirmulriation pian 1 . 2. i).2 upon arl Of11.01!-,* 10.Cc.1.1. trunsportatiorl. ,..10.1-t.u..cru.s..us sociat corrucLuku.su.s.,-; \voulf...1 Luvruhinurions imusportution -1. oid prukStruil 1.1P01') LINV t 11) t.**02.11011.1i..... and C11\ it'011111,...1thd 'and CO.:•;H: 14•11.1,:: X. ii,:.11),2 1.11 Xid :•‘1.21.••'•••• 110 •;t3..h.:*:11.11ilt.211 h usc r.1.uu shu.H incituiu ru-musupuri usulupcuiuliou Transruirtuli(m pourdu •••-rt.'1,•.1:-:1•••••: 1.1 ',Ai': P1)`:,*••14. .11 i;R:1111.', .111C00...,'S ill::: 1110 ..,Auicur. tor: — ir:111\POltriik)11 fled a 4...Thgt.1.0.1:11k.si.1 ,•!"!4: 01 MO thin rid uruas. ..\-1-uss Transit --us...s1urs lorm trunsporiuttion currius rn,u-nber, pul-11Ic sr. •. •.• •sul u•sus,Hus:Uu.... -rulpuitistruluse•Cu 117:11-011-1. c.C.: 22•2221141 Goal 12 • • Page 2 of 3 Transportation Disadvantaged --refers to those individuals who have difficulty in obtaining transportation because of their age, income, physical or mental disability. GUIDELINES • A. PLANNING 1. All current area-wide transportation studies and plans should be revised in coordination with local and regional comprehensive plans and submitted to local and regional agencies for review and approval. 2. Transportation systems, to the fullest extent possible, should be planned to utilize existing facilities and rights-of-way within the state provided that such use is not inconsistent with the environmental, energy, land-use, economic or social policies of the state. 3. No major transportation facility should be planned or developed outside urban boundaries on Class 1 and II agricultural land, as defined by the U.S. Soil Conservation Service unless no feasible alternative exists. 4. Major transportation facilities should avoid dividing existing economic farm units and urban social units unless no feasible alternative exists. 5. Population densities and peak hour travel patterns of existing and planned developments should be considered in the choice of transportation modes for trips taken,by persons. While high density developments with concentrated trip origins and destinations should be designed to be principally served by mass transit, low-density developments with dispersed origins and destinations should be principally served by the auto. 6. Plans providing for a transportation system should consider as a major determinant the carrying capacity of the air, land and water resources of the planning area. The land conservation and development actions provided for by such plans should not exceed the carrying capacity of such resources. B. IMPLEMENTATION 1. The number and location of major transportation facilities should conform to applicable state or local land use plans and policies designed to direct urban expansion to areas identified as necessary and suitable for urban development. The planning and development of transportation facilities in rural areas should discourage urban growth while providing transportation service necessary to sustain rural and recreational uses in those areas so designated in the comprehensive plan. 2. Plans for new or for the improvement of major transportation facilities should identify the positive and negative impacts on: 1. local land use patterns, 2. environmental quality, 3. energy use and resources, 4. existing transportation systems and* 5. fiscal resources in a manner sufficient to enable local governments to rationally consider the issues posed by the construction and operation of such facilities. 3. Lands adjacent to major mass transit stations, freeway interchanges, and other major air, land and water terminals should be managed and controlled so as to be consistent with and supportive of the land use and development patterns identified in the comprehensive plan of the jurisdiction within which the facilities are located. 4. Plans should provide for a detailed management program to assign respective implementation roles and responsibilities to those governmental bodies operating in the planning area and having interests in carrying out the goal. http://darkwing.uoregon.eduk-pppm/landuse/GOALS/Goal_12.html 02/22/2000 Goal 12 i Page 3 of 3 Back to Top of Page i Back to Table of Contents On to Goal 13Z -wiNwe Back to the Land Use Information Center Home Page w.. w Back to the PPPM Home Page • http://darkwing.uoregon.edukpppm/landuse/GOALS/Goal_12.html 02/22/2000 4:ict-:.11 9 • * • •i• . . .. -.. ._,.. ir........`k.:..,2:k...:* I•.i..-..1•••:. , . . <,::. - : k k,k2.1-.1,-, . kk. ialo • :.„::::,„:„.....„.. .. ,,,,, .._.. .,...... ,• : ..,...,::::„... .„,... .......,,,,,„,,,,:„.... .......... .,„„..,,,,, ,,„.........,......*::4:-.,-.1,4 . . .... . - .... • • - 1.:1..vd. 1.4..• ..• ..1, ....., .., ....., .4/— : •... i4., •it ' I :';:"5::; ....;..4.....i." ''',.-••••i'.'.'.. ''''":47'...:.'ii,;7kiii.,,."•• .. .".1,'•••::•••:.•••• '''...k4°4 ''•••••••::.:..^."........,1'....-.:-. .....'...;.4,'8:... .....i.?0;:•-•••'•^;.2,.....;F:2';'''''''.■:*.:.:''....•.„.......,,•4 '.“..........'"' . . . . . . . . . • •..... ....". ' :,.. ...! . ..':;.• '..",..1.,1 ii..., : 1., .'... ::: . ... • •••••4. 'I.?, 11, ;1 . . • tro pi-tavide :adequate opportLituties itir-iittitaitilit. Iht, tutii, Ida:, ti;„-teit. til tattataii,: , . . (•o-}-1.11-u....,....-.11,.......11,-,i‘i...' 1:,i211'.1.."-: iiiii.1 [)i)lit.i,...:::: .`.:11.....ill C01)U•11.)ii[..: Ii..' :i ...,1.......F.i''',..2 ;:iild )1.:..........iii:11:**7.• .....*:.:4'il..,11.1:\ ill ;€1...1,............ 1: 1 .....: .1.1.R.L ..:11..ti.,...1,..\ :111.......r. 1:..11....iri;::: :111....!. i..,..ccl,:iii.;...i.....-...Litifl th,-.. 17,. ..11111 :.1•11.1.,-- ....,:i.1•1•,..:1-:: :-....c..114.,p.1.1.....: 1-....1:-.;.; 11-1:11:111:i.d; di.d.1 Fk...:1,ii.....-c 1,1-1-n..iJ-i--;,......is: .....c.........ii[i,..-1-,iiiis., -i-vi•,:......11.......4.\--,thit... .....11:1 ii.--,1-1-rcil:.:‘,....1.1-,1,...... .1-e>:co..irk....,......:,-: ,.'i\i.ii1-::iiliki:‘,.. ...); 1.....111(.1: ...til:..1 pollii11,1,...-14.:1}*.ilf..1)::.-1 idddild1C111‘....11d-1 (fompreliertstv( t)lans l'or tirly.iii .irt.,..4.1s shill: • i . 1 ilk:Ii.i,..i:: ....i.i.1 an,:11::•••;i.-:-. ...',11.11-....• k...4):1....,i-ni.i..i.-,:cr:,•-: ,....,...,...neJi-cci,.... i...,,..i.i..tc:-..,-,--,.. .E.-..01-...i-,I1.....k,..,......-,... ..--,,,,.....-....,,,,. ...1,,,...,. - , I m -.14.-..0.0',...1...lilck.-..".A ili-: i )1..:',`....:, I dId I Xi: Iiddi 1.1.1:111 d... .711.111:1: ,1P,Idt11,11:117-: lh1111117111:71110:11111d11111.1ddr.11174 11,111:11 idd::: ddddi : I : 77 dd• .1.17-1:11.11d.„7 didddp:d7:,•did ididddilld1.::-.:1111‘. l. if ' \I .`,. •(. .1.-:,,i,, ,..-11.-.:1--,1. ;AI::: '.17 '...-...fr"' Goal • Page 2 of 2 agencies, cities and counties. GUIDELINES • A. PLANNING • 1. A principal determinant in planning for major industrial and commercial developments should be the comparative advantage of the region within which the developments would be located. Comparative advantage industries are those economic activities which represent the most efficient use of resources, relative to other geographic areas. 2. The economic development projections and the comprehensive plan which is drawn from the projections should take into account the availability of the necessary natural resources to support the expanded industrial development and associated populations. The plan should also take into account the social, environmental, energy, and economic impacts upon the resident population. 3. Plans should designate the type and level of public facilities and services appropriate to support the degree of economic development being proposed. 4. Plans should strongly emphasize the expansion of and increased productivity from existing industries and firms as a means to strengthen local and regional economic development. 5. Plans directed toward diversification and improvement of the economy of the planning area should consider as a major determinant, the carrying capacity of the air, land and water resources of the planning area. The land conservation and development actions . provided for by such plans should not exceed the carrying capacity of such resources. B. IMPLEMENTATION 1. Plans should take into account methods and devices for overcoming certain regional conditions and deficiencies for implementing this goal, including but not limited to 1. tax incentives and disincentives; 2. land use controls and ordinances; 3. preferential assessments; 4. capital improvement programming; and 5. fee and less-than-fee acquisition techniques. 2. Plans should provide for a detailed management program to assign respective implementation roles and responsibilities to those private and governmental bodies which operate in the planning area and have interests in carrying out this goal and in supporting and coordinating regional and local economic plans and programs. ron Back to Top of Page Back to Table of Contents � On to Goal 10 loweimmoP Back to the Land Use Information Center Home Page Back to the PPPM Home Page i++rr. http://darkwing.uoregon.edu/--pppm/landuse/GOALS/Goal_9.html 02/07/2000 • , . . .4.. • " • tr().111 ctl •,••. 4 1 li.,.*•11.14."),11'41,,r,134,4...'1.: t.14•24.4•••„1 It ...it..A...41111V114,)•[411)...' 1111)4.01 Pk)r)1.1.14.11.:()11 • \‘`■ 11,.•.,4•411.1iSC1114,1)1::**: • ".•41', I •,I)( ' • • 1.4'.,4`1.)i1I1**, • 4,„:404,1•••••.1.‘".14„,111. 1.'11 hic _ .14 '•-•" '••I rh•)11.11-4;•••r41.4,11_ , • A, • , k.:41 t 1• .1" U.1 I.1 114 41 4. ••■•,,:•1 1•••• ;Ink.] .• 1‘11:::::..44...1\2*1 \11,1)); isl;11(1..;•44;',.:•C'414:111••12,.1•11-j ..,11:•••••••.,4 VI 01 ‘)1 111C 42‘1.';-'.;n1'..'':• •1..:•.:11'tf:)1.1...)'‘..'i,' I:11C " • .citv •• -" •••••• • •• ••••••. .. •. • • •• ••••• .• I • i—•111-,•:' itrdi) I`ric _ • 4•:„.. • ••.:• ,. ,:4•., 4.t . .4.4 • ,,1■.411•" Goal 14 • • Page 2 of 3 consideration of: 1. Orderly, economic provision for public facilities and services; 2. Availability of sufficient land for the various uses to insure choices in the market place; 3. LCDC goals or the acknowledged comprehensive plan; and, 4. Encouragement of development within urban areas before conversion of urbanizable areas. In unincorporated communities outside urban growth boundaries counties may approve uses, public facilities and services more intensive than allowed on rural lands by Goal 11 and 14, either by exception to those goals, or as provided by Commission rules which ensure such uses do not: 1. adversely affect agricultural and forest operations, and 2: interfere with the efficient functioning of urban growth boundaries. GUIDELINES A. PLANNING 1. Plans should designate sufficient amounts of urbanizable land to accommodate the need for further urban expansion, taking into account(1) the growth policy of the area, (2) the needs of the forecast population, (3)the carrying capacity of the planning area, and (4) • open space and recreational needs. 2. The size of the parcels of urbanizable land that are converted to urban land should be of adequate dimension so as to maximize the utility of the land resource and enable the logical and efficient extension of services to such parcels. 3. Plans providing for the transition from rural to urban land use should take into consideration as to a major determinant the carrying capacity of the air, land and water resources of the planning area. The land conservation and development actions provided for by such plans should not exceed the carrying capacity of such resources. B. IMPLEMENTATION 1. The type, location and phasing of public facilities and services are factors which should be utilized to direct urban expansion. 2. The type, design, phasing and location of major public transportation facilities (i.e., all modes: air, marine, rail, mass transit, highways, bicycle and pedestrian) and improvements thereto are factors which should be utilized to support urban expansion into urbanizable areas and restrict it from rural areas. 3. Financial incentives should be provided to assist in maintaining the use and character of lands adjacent to urbanizable areas. 4. Local land use controls and ordinances should be mutually supporting, adopted and enforced to integrate the type, timing and location of public facilities and services in a manner to accommodate increased public demands as urbanizable lands become more urbanized. 5. Additional methods and devices for guiding urban land use should include but not be limited to the following: (1) tax incentives and disincentives; (2) multiple use and joint development practices; (3) fee and less-than-fee acquisition techniques; and (4) capital improvement programming. . 6. Plans should provide for a detailed management program to assign respective implementation roles and responsibilities to those governmental bodies operating in the planning area and having interests in carrying out the goal. v Land and uses developed on the.land shall be managed and controlled so as to maximize the conservation of all forms of energy, based upon sound economic principles. http://darkwing.uoregon.edu/—pppm/landuse/GOALS/Goal_14.html 02/22/2000 Goal 14 • Page 3 of 3 • Back to Top of Page 11711731— Back to Table of Contents On to Goal 15 rOVI Back to the Land Use Information Center Home Page Back to the PPPM Home Page �++� http://darkwing.uoregon.edu/—pppm/landuse/GOALS/Goal_14.html 02/22/2000 411 fl) C. CITY INDUSTRIAL DEVELOPMENT This sector represents basic employment, or employment associated with business activities that sell their goods and services primarily outside of the local area. Major manufacturing employers in the City include both heavy industry, such as the fabricator metals industries Fought Steel, Circle AW, and Western Foundry, and light industry, such as Sentrol (security systems components) , Puget (injection molding) , and ARNAV Systems (aircraft navigation equipment) . Most of the industrial gland in the City is zoned for light industry. Industrial development in the City is concentrated west of Interstate 5, along the Burlington Northern and Southern Pacific railroad tracks, and along Southwest 72nd Avenue south of Highway 217. As was indicated earlier, the total amount of vacant industrially zoned land in all classifications in the City is approximately 170 acres. Of this amount, three sites are 30 acres or larger. It was observed that much of this land is constrained by floodplain. It was further observed that at the present rate of conversion all of the suitable land zoned for industrial use could be built-out within a few years. This characteristic of limited land supplies is evidenced by employment data. As mentioned earlier, Tigard' s 16% of employees engaged in manufacturing is considerably below the Oregon average of 19% in manufacturing and far below the county' s 26% figure. The latest available Census of Manufacturing data are for 1982. According to these data, Tigard's then-existing 73 manufacturing firms reported adding $69.2 million in value and 125.1 million in the value of shipments. These amounts represented 0.87% and 0 .6%, respectively, of the state figures for value added and value of shipments. Fabricated metals,•with 14 establishments, was the largest industrial group with 20 or more employers . Assuming a desire to do so, the City has a limited number of options to expand its supply of industrial land and thereby diversity its economic base. Very little developable land is available for rezoning. Because of the character and existing county zoning of unincorporated land adjacent to the city boundary, expanding the City limits would not result in the capture of lands suitable for industrial development. This justifies the need to preserve existing vacant industrial land for industrial uses when considering requests for rezoning to non-industrial uses. It also affects the need to consider a more detailed, site specific inventory of the remaining inventory of vacant industrial in terms of slope and floodplain constraints in order to determine how much of this land is developable and to facilitate its availability for industrial use. In conclusion, --land- designated for industrial uses is in short supply). A sidelight to this issue is that expansion of the city limits would not add to the supply of developable industrial land. Apropos of this discussion, it should be noted that the largest industrial project attempted in Tigard is now in progress. PacTrust plans a mixed-use development on 30 acres adjacent to the firm's Oregon Business Park. The park will be developed over the next three to five years and will include 800, 000 to one million square feet of space at completion. The $40 million park will incorporate office, retail, and flex space, as well as a restaurant and hotel. The firm has completed the access road through the property and is in the process • of erecting the first buildings. , • • • I - 147 • D. NATIONAL ECONOMIC TRENDS To assist in identifying the major categories of commercial and industrial uses that could be expected to locate or expand within Tigard, it is instructive to look at state and national economic trends. In brief, information contained in the "Oregon Economic Trends Project, State and National Trends Report, " indicates that the major national trend is the emergence of a so called transition economy. This transition economy is described as including "the development and implementation of a wave of new technologies; the globalization of the economy; and the shift to service industries and occupations. " In contrast to traditional manufacturing industry, the high tech industries have low resource, energy, and transportation requirements. High tech development can occur almost anywhere. Another marked contrast is that whereas traditional industry affords high-wage blue collar jobs, occupations in high tech tend to be either high-paying professional or technical jobs, or low-paying clerical and assembly jobs. The globalization of the economy refers to the growing integration of the U.S. and world economies, which is characterized by development of transnational corporations, the "explosive" growth of international trade, and the extreme mobility of financial capital. Lastly, the shift to service industries and occupations refers to the increasing share of employment in this sector. The fastest growing service industry has been computer software and data processing. State economic trends reflect fundamental changes in the state' s economy brought about by technological innovations and globalization. In the 1980s technological innovation led to a loss of jobs for production workers in a wide array of industries, ranging from plywood manufacturing to financial services. The effects of globalization had positive and negative impacts on the Oregon economy. Grain, food processing, fishing, textile, and aluminum firms began to decline under the pressure of domestic and foreign competition. The structural changes that occurred in Oregon during the eighties had different impacts on different areas of the state. The Portland metropolitan area, with the state' s most . diverse economy, was the area least affected by structural change. Future prospects for the Oregon economy are described as "not overly optimistic. " But market niche opportunities do exist even in declining industries such as fishing, forest products, and food processing. High tech tourist industry development and import distribution are identified as industries that should continue to prosper. To promote industrial development .the state has developed a list of industries for statewide recruitment and expansion in both metropolitan and non-metropolitan areas. The list of 25 industries was developed by,the use of a detailed ranking method designed to identify industries that offer growth opportunities in sectors that will diversify and strengthen Oregon' s economy. The locational requirements of each of the identified industries also has been determined through a state- sponsored survey. With this information a community can compare its attributes and advantages to the industries locational needs. With respect to Tigard's growth opportunities, it is significant to note that seven of the industries contained in the stat' s list are represented in Tigard by firms employing fifty or more. These industries include plastic products, industrial controls, telephone and telegraph equipment, electronic components, x-ray apparatus and tubes, measuring controlling instruments, and surgical appliances and supplies. • I - 148 • • CP' ,a '4)=1 ae-t7 42j-e...4 %.4-r-42-) 6.4•"'es p-e•e*e'v\f S•••_b pro -+ ar";71090j- a-Sr eaten e".1- vy, Al 1 rzr S/ k ii /-4 4470"/ / r 1, F/0-e-4- /kiNt ctg''Q P 4/670-: Cot-,> a•%-. 9== tre.4% A•99 / k Fro-. f2 ±7 ran 44,,— t reat -km pea 411'&t, ry\t1.- r'l 0'4 C ‘4° e f'• ACL 4e (f ■r.k. et19 6-re.17.3 ith<za 4 3- 6„_ 4.1%. .54 a vs J. fi‘ke,4.1 141\3 6' ti-J 03-1,1r rer--e-9- ) ..-_s"- j_ dfy, a PC-‘-‘, 4.1 f . . _ •!1 pprog_t_r7.0-1- P 1,1,7• 209470.., 4,11- frefatAeJ 694. Ceb '`=>°Pr 4-/osAs- • _ •_i " r.1 C.-% c 7 cpo , _ a „ I 7-,- - IPB.G.c\Vir 0 SPECIAL REQUIREMENTS Special Use Regulations 60.40.25.7.C. 4. a. No alteration to drainage flow onto, or out of property shall be made except as in accordance with a grading and drainage plan approved by the City Engineer. No water shall be retained on site by a dam rising above the natural contour of the site without a plan approved by the City Engineer. b. No pit shall be excavated to a depth which will intersect an imaginary line, extending from the property line, at an angle of 45 degrees from the horizontal downward into the earth. This condition may be waived by the owner of property abutting said property line or by submittal of a soils report demonstrating, to the satisfaction of the City Engineer, that the surcharge which could be generated by a structure on said adjacent property is fully supported by a lesser requirement. 8. Nursery Schools, Day or Child Care Facilities. Nursery schools and day or child care facilities shall provide and thereafter maintain outdoor play areas with a minimum area of 100 square feet per 1/3 the total licensed capacity of children. The Planning Director may approve reduction of this requirement if the facility cares only for infants up to 6 months in age. In all districts, a fence of at least five (5) feet but not more than six (6) feet in height shall be provided separating the outdoor play area from abutting lots. . Facilities licensed for 40 or more children may be required to have a driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading children. The Facilities Review Committee shall determine whether the special driveway design is required. If a Conditional Use Permit is required, in addition to that normally required for a Conditional Use Permit the following information shall also be supplied: A. The maximum number of children the facility is proposed to be licensed to care for; B. Ages of the children to be cared for; Chapter 60 SR - 89 5/5/00 • • GUIDE TO THE CERTIFICATION OF CHILD CARE FACILITIES s a ' id ar 6 6 d 0 rN . . . 1 e-ma----- ri ' -t--:7-r 4 :mip._ . :%. .4.0 # \ .... 1 Sp:- . .. W Ail �I •r. _�!!. .1. .13_, „). 1 ILit,,...., Child Care Division Employment Department State of Oregon • • Child Care Division Employment Department 875 Union Street NE Salem, OR 97311 (503) 378-3178 Toll Free: 1-800-556-6616 CCD OFFICES State Office Building Employment Department 800 NE Oregon, Rm 305, #34 119 N. Oakdale Street Portland, OR 97232 P.O. Box 1068 (503) 731-3386 Medford, OR 97501 (541) 776-6060 ext 231 & 261 Child Care Division Employment Department Employment Department 1007 SW Emkay Drive 875 Union Street NE Bend, OR 97702 Salem, OR 97311 (541) 388-6070 ext. 259 (503) 378-3178 Employment Department Employment Department 2510 Oakmont Way 725 W. Main Street, Suite B Eugene, OR 97401 John Day, OR 97845 (541) 687-7392 ext. 274 (541) 575-0744 ext 24 • • Child Care Certification Child Care Oregon statutes require a child care facility caring for Statutes and Rules seven or more children full-time to be certified by.the Child Care Division (CCD). Statutes also require CCD to establish rules which a child care facility must meet in order to qualify for a child care certificate. To carry out the intent of the statutes, CCD has developed minimum requirements, set forth in administrative rules, for two types of child care facilities. • Group Child Care Home - a facility located in a residential dwelling that is certified to care for no more than 12 children. • Child Care Center - a facility that is certified to care for 13 or more children, or a facility certified to care for less than 13 children that is not located in a residential dwelling. In addition to CCD's requirements, a child care facility must meet the requirements of other state and local agencies before a certificate is issued by CCD. See the Application Process, page 3. If you want to know about certification requirements, you should request a copy of the administrative rules for the kind of program you plan to operate. Your program will be regulated according to the requirements contained in the administrative rules and state statutes. This document does not contain the information you need to become certified. It tells you where to get the information and describes the certification process. Before You Apply Needs Determine if a need for child care exists in your area. Assessment You may want to determine if local centers are at capacity. A local Child Care Resource and Referral agency can tell you about their most common requests. Local employers or employer groups may be a source of information. A facility needs to be convenient and accessible to users. Financial Like any business, child care has significant initial Resources costs. Do research to determine the costs for space, utilities, staff and benefits, equipment, materials and 1 • • insurance. Have sufficient capital to be able to operate while your business grows to capacity. Planning .& After a site is chosen, contact the local planning department Zoning to find out if child care is a permitted use in the area you have in mind. If the area isn't zoned for child care, you may be able to get a conditional use permit. Building Codes Specific building codes apply to child care centers. These are mostly related to fire safety requirements. Your next step is to ensure that the building meets the codes or that you would be able to do needed renovations. Contact the local building codes agency. Sequence of A new child care operator will need to contact planning Activities and zoning, building codes agency, fire marshal, sanitarian and CCD. The sequence and extent of contacts will vary greatly between centers. There are three important things to remember: 1) CCD doesn't license a center until all other requirements are met; 2) you should protect yourself by making your financial commitments conditional on meeting codes, when possible; and 3) request technical assistance whenever you think you need it. Application Materials Introduction Your CCD certification specialist will give you the forms and other materials you need to apply for a child care certificate. If you have problems or questions, contact the certification • specialist. See the inside front cover for the addresses and telephone numbers of CCD field offices. Application Form The application form is the Application for a Child Care Certificate. You must fill it out, sign it, and return it to CCD with the appropriate fee and a floor plan before CCD can act on your application. To be certified for the first time as a child care center or • group child care home, or if you are planning to remodel, you must submit a building floor plan or drawing of your facility. It must show the dimensions of all rooms to be used (length and width), the placement of the kitchen and bathrooms, the location of toilets, handwashing sinks, and fixtures and plumbing in the kitchen. It must also include a 2 •. • description of how each room will be used. If only part of a building is to be used for child care, you may limit your floor plan to that area; however, the certification specialist may need to look at other parts of the building. Criminal History State law requires CCD to obtain criminal history information Check on all administrative, child caring, and support staff of the facility. Criminal record checks must also be done on persons who may or may not be facility staff if their presence or role in the facility provides unsupervised access to children. A criminal record request must be sent to CCD, and CCD must complete a criminal record check, on all persons listed above prior to their affiliation with the facility. The form is supplied by CCD. There is a fee for each person checked. CCD will inform the operator if a person may or may not be employed in the child care facility. Contents of the criminal record will not be shared by CCD. Application Fees To apply for an initial application, a change of owner or operator, or a change of location (except when a facility is forced to move due to circumstances beyond the control of the operator), the fees are: • Group Child Care Home: $25 plus $2 for each certified space. (e.g., the fee for a group home certified to care for 12 children is$24 +$25 =$49) Renewal applications: the fee is$2 for each certified space. • Child Care Center: $100 plus $2 for each certified space. (e.g., the fee for a child care center certified to care for 30 children is$60+$100= $160) Renewal applications: the fee is$2 for each certified space. Fees are not refundable. Other Materials Other application materials CCD will give you are copies of the facility checklist, forms for requesting fire safety (centers only) and sanitation inspections, and the child abuse reporting law. Child care operators and staff are required 3 • • by law to report any suspected child abuse to SCF or a law enforcement agency. Application Process Submitting the When you submit an application, certification staff will Application attempt to complete an of your facility within 45 days. A complete application consists of the application form, floor plan and the filing fee. If you are a new applicant, you must also submit a Criminal History Request form. Forms must be correctly and completely filled out and signed. If you submit an incomplete application, it is returned to you with an explanation of what to do to complete it. An incomplete application may delay the certification of the facility. Planning & Except for group child care homes (in which the provider Zoning resides and which are in permitted zones), specific zoning, occupancy, and other requirements concerning the location and construction of child care facilities must be met. These are in addition to certification requirements and must be met before fire and sanitation inspections are completed. Fire Safety & It is the applicant's responsibility to request fire safety and Sanitation sanitation inspections. The certification specialist Inspections will tell you where to send the request forms. If a report calls for corrections, the corrections must be made before the certificate is issued. • Ask for inspections from fire and sanitation officials as soon as possible because it may take inspectors several weeks to act on the requests. The applicant is responsible for any fees for these inspections. Technical The Child Care Division and most fire marshals Assistance and sanitarians are able to give technical assistance to prospective child care operators. You should use their expertise whenever you have questions. To do so could avoid costly errors. Self-Evaluation Using the rules and the facility checklist given to you by CCD, you should evaluate your facility to determine what needs to be done to be certified. When you feel your facility is in compliance with certification requirements, you need to 4 • • call your certification specialist to make an appointment for the on-site inspection. The Application When the self-evaluation has been completed and the fire Inspection safety and sanitation inspection reports are on file, the certification specialist will inspect to see if the applicant and facility comply with requirements. Prior to operation, a facility must meet only those requirements which do not relate to the presence of children. The certification specialist will visit and review written information relevant to the requirements. If the certification specialist observes any noncompliance with the requirements, you are told about it and given an opportunity to comply with the requirements. The certification specialist will review references and criminal record information and determine if further information is necessary. Withdrawing an To withdraw an application before the certification process Application is complete, inform your certification specialist, who will confirm your request in writing. Decision on the A temporary certificate is issued if the facility is sufficiently in Application compliance with the requirements to begin caring for children. A certificate is denied if the facility does not comply with the statutes or the administrative rules. Child Care Certificates Temporary A temporary certificate is granted to new applicants if Certificate all requirements are met except those that require the presence of children to evaluate. Temporary certificates also are issued when a facility moves or changes ownership and, in some instances, when an applicant applies for renewal of the certificate. A temporary certificate can be issued for up to 180 days. Transition to Within 180 days, a new facility must show that it can meet Regular Certificate requirements on a continuing basis in order to qualify for a regular certificate. While the applicant has a temporary certificate, the certification specialist makes inspections to evaluate the 5 • • facility's compliance with requirements, including those which apply to the presence of children. The certification specialist may have suggestions on ways to come into compliance. The applicant is informed what areas are being checked and is told of the findings. After determining that the facility is in continuing compliance with administrative rules, the certification specialist will authorize the issuance of a regular certificate. Granting the If the facility meets requirements, the regular certificate Regular Certificate may be granted before or at the end of the temporary certification period. The regular certificate replaces the temporary certificate and is valid for one year from the effective date of the temporary certificate unless it is voluntarily relinquished, the facility changes location or ownership, or the certificate is revoked by CCD. If the facility does not meet requirements during the temporary certification period, the regular certificate may be denied. The temporary certificate may be revoked before it expires, and the facility must stop providing child care. Ongoing Certification must be renewed annually. The renewal Certification process includes on-site visits by the certification specialist, the fire marshal (centers only), and the sanitarian. At renewal, a temporary or regular certificate may be issued, depending on the degree of compliance. Help in Meeting Requirements Introduction Certification is a form of child and consumer protection. It seeks to minimize risks to children in out-of-home care and promote their healthy growth. Certification staff want to work with child care providers when problems occur. Requesting An applicant or operator may at any time request help if Information there are questions about requirements or how a facility can comply with requirements. There may be several ways to comply; the certification specialist will discuss the options. 6 • •• Exceptions to CCD may grant an exception to an individual rule. An Rules exception is permission to meet the intent of a rule in a way other than that specified by the rule. Until an exception is approved by CCD, the facility must comply with the rule as written. An exception may be requested when making application for a certificate or at any time during the duration of a temporary or regular certificate. Ask your certification specialist for the form for requesting an exception to a rule. A separate form is required for each exception requested. To request an exception, fill out the form and give or send it to the certification specialist. All exception requests are sent to the CCD office in Salem for a final decision. The health, safety, and well being of the children in care will be the determining factors in making a final decision. In granting a request for an exception, CCD may require alternate methods of meeting the intent of the rule. Some of the methods may increase costs for the facility. For example, using an outdoor play area that is not adjacent to the facility, or using an unfenced play area, may require additional staff to protect children. An exception to a rule expires when the certificate expires or earlier if so stated as a condition of the exception. An operator must reapply for an exception at the time of renewal of a child care certificate. The fact that an exception has been granted to another facility, or to the same facility in the past, is not an automatic justification for granting the request again. An exception may be revoked by the Division if conditions of the exception are not met or if the well being of children is compromised. Open Lines of If you feel that CCD is not treating you fairly, or if you Communication; disagree with a decision or action of the certification staff, Grievance you may submit a written grievance request. Hearing • • Failure to Comply With Requirements Notification of The certification specialist notifies the child care Noncompliance operator in writing of any noncompliance found during an inspection. Noncompliance may be with the statutes, CCD rules, or special conditions of the certificate. If noncompliance is noted the certification specialist will discuss with the operator a plan for correction and work out a time frame. An applicant or operator may feel that certification staff should overlook a minor noncompliance; however, CCD must notify the applicant or operator of all observed noncompliance. After each inspection, the Child Care Compliance Notice form or facility checklist is completed. It will be left at the facility or mailed later. The form and the notice cite: • compliance status; • any rules with which the facility does not comply; ■ a description of the noncompliance; and • corrections needed and the date by which corrections must be made. The certification specialist will follow up to determine if corrections have been made. Denial of If a facility does not comply with administrative rules or the Application child care certification law, the application may be denied and the decision communicated to the applicant. An application will be denied if there are grounds for automatic denial of the certificate or the applicant fails, to meet certification requirements. The applicant is informed by letter of the right to request a hearing. If an application is denied, the facility must reduce the number of children in care to that allowed by Law. Corrective Action A corrective action plan will be made when a facility Plan continues to operate out of compliance with child care requirements after being notified of possible consequences of further noncompliance. A corrective action plan will also be made when a facility is in danger of having its certificate revoked. 8 • • Suspension of If a child is abused or neglected or there is noncompliance a Certificate which presents an imminent danger to the health and safety of the children, CCD will take immediate steps to protect the children. This may mean suspension of the certificate. The operator or person in charge will be notified of the suspension verbally and in writing and instructed to close the facility immediately. CCD may suspend a certificate during a child abuse or neglect investigation if it appears suspension is the only way to protect children. CCD may restore the certificate if the conditions that resulted in the suspension are corrected. If the operator cannot or refuses to correct deficiencies which resulted in the suspension, the certificate will be revoked. Revoking a If a facility fails to comply with a corrective action plan, CCD Certificate may take action to revoke the certificate. A certificate is revoked only after an operator is given ample notice and opportunity to correct the noncompliance. Appeals If CCD denies an application or suspends or revokes a certificate, the decision may be appealed by the operator. CCD will inform the operator in writing which rules or provisions of the law have been violated and explain how to request a hearing. The operator may be represented by an attorney at the hearing. The Child Care Division is represented by the State Attorney General's Office. If a facility does not agree with the hearing decision it may file an appeal with the Oregon Court of Appeals. Complaints of All complaints alleging illegal child care are investigated Illegal Child Care by CCD. If illegal child care is in progress, the provider is given a reasonable amount of time to reduce to the legally allowed number. If illegal child care is continued after the provider has been informed of the law, CCD will ask the Attorney General's office for legal assistance to enjoin the operation. Complaint Investigations When a Complaint The child care certification law requires CCD to investigate is Received when it receives a complaint that a child care facility is not meeting requirements. If there is a complaint about your program, the certification specialist will inform you and investigate. Reports of conditions that may endanger the health or safety of children will be investigated, with an 9 • • • unannounced visit, within 24 hours. Other agencies may be asked to participate. Alleged abuse, neglect, or exploitation of children will be referred immediately to SCF's Child Protective Services. Complaints that do not allege a deficiency that directly affects the health or safety of children will be handled by a telephone call, a letter, or a visit to the facility. The identity of the person who made the complaint is confidential under Oregon law.. When the After the investigation, the certification specialist will inform Investigation the facility of the findings and any necessary follow-up. A Complete report of the investigation is filed in the facility's CCD certification record. CCD Certification Records Public Access to CCD information about child care facilities is available to Certification the public under state law. Exceptions are: Records • the name and identifying information about a complainant; • children's names and identifying information; • criminal history information; • information provided to CCD in confidence, such as medical information and personal references; • SCF records on child abuse or neglect; • certain confidential information from other agencies, • information about a pending court case; and • information about a complaint investigation that has not been completed. Once a regulatory complaint investigation is finished, it is public record except for portions otherwise protected by law from disclosure. Summary • CCD recognizes that: • caring for children outside their homes is a service which should be regulated by the state to protect the health, safety, and well-being of the children; and • the rights of child care providers must be protected with procedures that ensure due process, the opportunity to comply with rules and requirements, and rights to request a grievance hearing, and to appeal a decision. 10 • • Through the efforts of providers, parents, CCD, and other interested agencies and individuals, a system has been developed which meets both criteria. CCD continues to evaluate and monitor the certification process and administrative rules. Your comments and suggestions are encouraged. To do so you may contact CCD's Child Care office in Salem. (See inside front cover for address.) Child Care Laws Statutes & Rules Child Care Division "ORS 657A.050-060 & 657A.250-460 - Oregon Revised Statutes pertaining to child care" "OAR 414-350-0000 to 00250 and 414-300-0380 to 0440 - Rules for Child Care Group Homes" "OAR 414-300-0000 to 0440 - Rules for Child Care Centers" You may request the above information from the Child Care Division, 875 Union St. NE, Salem, Oregon 97311. Health Division - Immunizations "School and Child Care Immunization Handbook" Request from your County Health Department or the State Health Division, 800 N.E. Oregon, Portland, OR 97232 Ordinances Planning and Zoning Laws Request information from your local county or city planning agency Codes Building Codes and Fire Codes Contact your local building codes agency and fire district 11 • • • Other Laws that Child Abuse Reporting Affect Child care Child Safety Systems & Seat Belts providers Bicycle Safety Civil Rights Laws ADA Other Resources Professional • Oregon Association for the Education of Young 9 Resources Children (OAEYC) - telephone: 1-800-452-3610 (Ask the CCD • Oregon Association of Child Care Directors (OACCD) Certification Specialist for Names of Contact • Parent Cooperative Preschools of Oregon Persons) • Community College Early Childhood Ed. Depts. • Child Care Resource and Referral Network - telephone: 1-800-342-6712. • • Center for Career Development in Early Childhood Care Education - telephone: (503) 725-8529 • School Age Care, Enrichment & Recreation Project - telephone: (503) 725-8528 REFERENCES: National Health and Safety Performance Standards: Guidelines for Out-of-Home Child Care Programs; National Maternal and Child Health Clearinghouse, 8201 Greensboro Drive, Suite 600, McLean, VA 22102 Developmentally Appropriate Practice In Early Childhood Programs Serving Children From Birth Through Age 8, Expanded Edition; NAEYC Developmentally Appropriate Practice In School-Age Child Care Programs, American Home Economics Association. (Available from school-age notes, P.O. Box 40205, Nashville, TN 37204) 12 • • A guide to Discipline. Jeannette Galambos Stone, NAEYC Early Childhood Environment Rating Scale. Thelma Harms and Richard Clifford, Teachers College, Columbia University, 1234 Amsterdam Ave, New York, NY 10027 An NAEYC list of publications can be requested by contacting them at NAEYC, Dept. P&S, 1834 Connecticut Ave, NW, Washington D.C. 20009-5786, 1-800-424-2460 G 0 0 • 13 • • CCD 131 Rev. 8/97 0 , 0 ,._ . RULES FOR THE CERTIFICATION , OF CHILD CARE CENTERS , . • es' ', cr . 1 .er If .C. , lf?"17--■.;.7,4 " ....• , ii\ -.1./ 7 11■:' //( 'l .. , . . . \ i vir lip' (16,‘ ovir.ft,Telki..a. : 1 . , s,,:... 1,i.•:ii 8:4'.:-, ' kill --411-4. visitirrApif izeit..t.e.ikr.41. lit,ror 4ent to Wall *11E101 ow AL - liibi I Child Care Division Eniployment Department State of Oregon • • INTRODUCTION There is a large body of knowledge about the importance of early childhood. We know that the foundation of a child's health.and character is established during the early years of life. If children do not have opportunities early in life for normal development of their minds, bodies, and relationships with others, it becomes increasingly difficult to make it up to them later. There is no second chance at childhood, and the future of this state depends on the healthy physical, mental, and emotional growth and development of today's children. Many children spend much of their formative years in child care facilities. These children may be adversely affected unless individuals and communities can provide a variety of quality child care services to meet the individual needs of children and their families. It was with this in mind that the state of Oregon enacted statutes that require that a child care facility caring for more than six children full time be certified by the Child Care Division (CCD). The statute also requires that CCD establish rules, officially called Oregon Administrative Rules, which must be met in order to qualify for a certificate of approval to operate a child care facility. To carry out the intent of the law,CCD has developed minimum requirements, set forth in administrative rules, for two types of child care facilities. • Group Child Care Home - a facility located in a building constructed as a single-family residence that is certified to care for no more than 12 children. • Child Care Center- a facility that is certified to care for 13 or more children, or a facility certified to care for less than 13 children that is not located in a building constructed as a single-family residence. CCD develops the child care requirements with the help of child care providers, parents, educators, doctors, and experts in fire, safety, and sanitation. When changes are proposed, all certified child care providers are given an opportunity to comment on them. Public hearings held throughout the state give interested people the opportunity to testify regarding child care requirements,before rules are adopted or revised. These rules are the result of the work of many people and groups and are designed to reflect what the citizens of Oregon consider reasonable and minimum for protecting the health, safety, and welfare of children in child care. CCD and those who participated in the development of these requirements recognize that child care programs will vary in characteristics and quality, depending on the program's goals and objectives and the persons providing the care. These minimum requirements are the lowest level acceptable for child care programs. They do not guarantee high-quality child care. They do reflect the conviction that, regardless of the setting, children have common needs for a safe and healthy environment, adequate facilities and equipment, a defined program of activities, and competent caregivers. Child care operators may set higher standards for their facilities in such important areas as staff requirements and group size, that can affect the quality of care. A person or organization can at any time request that requirements be changed. Comments and • suggestions are encouraged. Contact: Child Care Division Employment Department 875 Union Street NE Salem,Oregon 97311 (503) 378-3178 Toll Free 1-800-556-6616 • • CHILD CARE DIVISION EMPLOYMENT DEPARTMENT STATE OF OREGON RULES FOR THE CERTIFICATION OF CHILD CARE CENTERS TABLE OF CONTENTS Page INTRODUCTION GENERAL PROVISIONS 414-300-000 Applicability of Rules 1 414-300-005 Definitions 2 CERTIFICATE 414-300-010 Application for a Child Care Certificate 4 414-300-015 Issuance of a Child Care Certificate 6 414-300-020 Exceptions to Rules 6 CENTER MANAGEMENT 414-300-030 General Requirements 7 414-300-040 Enrollment 9 414-300-050 Arrival and Departure 10 414-300-060 Record Keeping 10 PERSONNEL 414-300-070 General Requirements 11 414-300-080 Director - Qualifications and Duties 13 414-300-090 Head Teacher - Qualifications and Duties 13 414-300-100 Teacher 14 414-300-110 Teacher Aides 15 414-300-120 Staff Training 15. 414-300-130 Staff/Child Ratios and Group Size 16 PHYSICAL SETTING 414-300-140 Indoor Space 17 414-300-150 Outdoor Space 17 414-300-160 Fire Protection 18 414-300-170 Hazards and Emergencies 18 414-300-180 Sanitation 19 414-300-190 Toilet Facilities 22 414-300-200 Kitchens 23 414-300-210 Furniture 24 HEALTH 414-300-220 Illness or Injury 25 414-300-230 Medications 26 414-300-240 Animals in the Center 27 • • TABLE OF CONTENTS-Continued Page FOOD SERVICE 414-300-250 Food Selection, Storage, and Preparation 28 414-300-260 Cleaning, Sanitizing, and Storage of Food Service Equipment and Utensils 30 414-300-270 Nutrition 30 414-300-280 Meals and Snacks 31 PROGRAM AND CARE OF CHILDREN 414-300-290 Program Plan 32 414-300-300 Infant and Toddler Age Programs 33 414-300-310 Preschool Age Programs 33 414-300-320 School Age Programs 34 414-300-330 Discipline 34 414-300-340 Equipment and Materials 35 414-300-350 Transportation 35 SPECIAL PROGRAMS 414-300-360 Night Care 36 414-300-370 Get Well Care 38 414-300-380 Swimming Activities 40 414-300-390 Drop-In Care 43 414-300-400 Parent Cooperative Child Care 43 SANCTIONS 414-300-410 Denial of Application 44 414-300-420 Suspension of Certificate 44 414-300-430 Revocation of Certificate 44 414-300-440 Notice of Sanctions 45 • • CHILD CARE DIVISION RULES FOR THE CERTIFICATION OF CHILD CARE CENTERS GENERAL PROVISIONS 414-300-000 Applicability of Rules (1) OAR 414-300-000 through 414-300-440 set forth Child Care Division's requirements for inspecting and certifying those child care facilities subject to Oregon laws governing child care facilities, ORS 657A.050 and 657A.060, 657A.250 through 657A 420, and 657A.990, that: (a) Serve thirteen or more children;or (b) Serve twelve or fewer children and located in a building constructed as other than a single family dwelling. (2) These rules do not apply to child care facilities specifically excluded by law. Excluded facilities are those which: (a) Are primarily educational and provide care to children 30 months old or older and under six years of age for less than four hours a day; (b) Are primarily supervised training in a specific subject, including, but not limited to, dancing, drama, music, or religion; (c) Are primarily an incident of group athletic or social activities sponsored by or under the supervision of an organized club or hobby group; (d) Are operated by a school district, political subdivision of this state, or a government agency; (e) Are operated as a parent cooperative for no more than four hours a day; (f) Provide care while the children's parents remain on the premises and are engaged in the same recreation or other non-work activity; or (g) Are operated on an occasional basis by a person,sponsor,or organization not ordinarily engaged in providing child care. Occasional means that care is provided for no more than 70 calendar days in any calendar year. (3) If any court of law finds that any clause, phrase, or provision of these rules is unconstitutional or invalid for any reason whatsoever, this finding shall not affect the validity of the remaining portion of these rules. (4) In some instances there are no common definitions as to degree of acceptability. For purposes of these rules, the determination of compliance or noncompliance shall be made by CCD. (5) Providers have a right to review any action or decision affecting them. The CCD grievance review procedures are available to all applicants for child care certification. 1 • • 414-300-005 Definitions The following words and terms,when used in OAR 414-300-000 through 414-300-440, have the following meanings: (1) "Activity Area" means the area of the center that is available, during all the hours of operation, for the children's activities. This area excludes kitchens, hallways, toilet rooms, lockers, office, storage areas, isolation quarters, staff room, furnace room,and that part of rooms occupied by heating stoves,or stationary equipment not used by children. (2) "Attendance" means children actually present in the center at any given time. (3) "Caregiver" means any person whose duties include direct care,supervision, and guidance of children in a center. (4) "Certificate" means a document issued by CCD which indicates that the child care facility is in compliance with the applicable provisions of Oregon law and Cad's administrative rules governing the operation of child care facilities. (5) "Child" means a child six weeks old or older and under thirteen years of age, and any child over twelve years of age with special needs and who functions at an age level younger than thirteen years. (6) "Child Care" means the care,supervision, and guidance on a regular basis of a child, unaccompanied by a parent, guardian, or custodian, provided to a child during a part of the 24 hours of the day, with or without compensation. Child care does not include the care provided: (a) In the home of the child; (b) By the child's parent or guardian; (c) By a person related to the child by blood or marriage; (d) On an occasional basis by a person,sponsor,or organization not ordinarily engaged in providing child care; or (e) By providers of medical services. (7) "Child Care Area" means that area specifically certified for use by the center and includes all activity areas and other areas of the facility used to provide child care, such as kitchen, toilet rooms, offices,storage areas, and rooms used solely for napping or eating. This may be a specific portion or portions of the building and grounds of a larger facility or one or more buildings at the same location. (8) "Child Care Center" or "Center" means a child care facility that is certified to care for thirteen or more children, or a facility that is certified to care for twelve or fewer children and located in a building constructed as other than a single family dwelling. (9) "CCD" means the Child Care Division of the Employment Department or the Administrator or staff of the Division. (10) "Child Care Facility" means any facility that provides child care to children, including a child care center, group child care home, and home of a family child care provider. It includes those known under a descriptive name, such as 2 • • nursery school, preschool, kindergarten, child play school, before or after school care, or child development center. This term applies to the total child care operation, and includes the physical setting, administration, staff, equipment,program,and care of children. (11) "Child Development Associate (CDA) Credential" means the national credential awarded to a person assessed to be a competent teacher of a group of • children in a specific age range. (12) "Child With A Need for Special Care" means a child with a disabling or limiting condition which prevents or limits participation in the normal activities of the center and who may require additional supervision. Disabling or limiting conditions include visual or hearing impairment, other physical disabilities, mental retardation, emotional disturbances, or learning disabilities. (13) "Director" means a person who is designated by the operator as director or administrator of the center. (14) "Discipline" means the ongoing process of helping children to develop self control and to assume responsibility for their own acts. (15) "Drop-in Care" means care provided any time of the day or night exclusively for drop-in children in a center, or part of a center, on a part-time, irregular basis. (16) "Enrollment" means all children registered to attend the center. (17) "full-time Employment"means employment of at least 30 hours per week. (18) "Get Well Care" means care provided in a center, or part of a center, to children recovering from a short-term illness and/or temporary disability. Such care can be a primary service or a component of other child care services. (19) "Group" means a specific number of children assigned to specific staff. (20) "Group Child Care Home" or "Home" means a child care facility located in a building constructed as a single family dwelling that is certified to care for no more than 12 children at any given time. (21) "Head Teacher" means the person, or persons, who is responsible for the development and implementation of the program of activities for each infant and toddler, preschool age, and school age program in the center. (22) "Infant" means a child who is a least six weeks of age but is not yet walking alone. (23) "Infant and Toddler Age Program"means care provided in a center,or part of a center, to children between the ages of six weeks and thirty months. (24) "Night Care" means care given to children who are starting or continuing their' night sleep or to children who spend the night at the center. (25) "Operator"means the person, group, corporation, partnership, governing body, association, or other public or private organization legally responsible for the overall operation of the center. If the operator is other than the owner, an individual must be appointed by the operator who has the authority to perform the duties necessary to meet certification requirements. 3 • • (26) "Parent" means parent(s), custodian(s), or guardian(s), exercising physical care and custody of the child. (27) "Parent Cooperative Child Care Program" means a facility organized by parents for their children in which the parents have authority to establish and change policy, program, and personnel practices. Most of the direct care is provided by parents. (28) "Preschool Age Program" means care provided in a center, or part of a center, to children 30 months old or older and under five years of age. (29) "Program" means all activities and care provided for the children during their hours of attendance at the center. (30) "Sanitizing" means using a bactericidal treatment that provides enough heat or concentration of chemicals for enough time to reduce the bacterial count, including disease-producing organisms, to a safe level on utensils,equipment, and toys. (31) "School Age Program" means care provided in a center,or part of a center, to children eligible to be enrolled in the first grade or above and, during the months of summer vacation from school, eligible to be enrolled in the first grade or above in the next school year. (32) "Staff" means the director, all employees, and all volunteers who are in the center for more than a single activity. (33) "Supervision" means the act of caring for a child or group of children. This includes awareness of and responsibility for the ongoing activity of each child. It requires physical presence,knowledge of program requirements and children's needs, and accountability for their care. (34) "Teacher" means a caregiver who plans and implements daily activities for a designated group of children. (35) "Teacher Aide" means a caregiver who works under the supervision of a teacher. (36) "Teaching Experience" means employment of at least three hours per day for at least 175 days in a calendar year. Time spent in a college practicum or practice teaching is considered teaching experience. (37) "Toddler" means a child who is able to walk alone but is under 30 months of age. CERTIFICATE 414-300-010 Application for a Child Care Certificate (1) Unless exempted by Oregon laws governing child care facilities,no person or organization shall operate a child care center providing care to seven or more children at any one time without a valid certificate issued by Child Care Division (CCD). (2) Application for a certificate shall be made on forms provided by CCD. 4 • • (3) A completed application is required: (a) For the initial certificate; (b) For the annual renewal of a certificate; and (c) Whenever there is a change of operator or location. (4) The applicant shall complete and submit an application to CCD at least: (a) 45 days before the planned opening date of a new center;and (b) For renewal of a certificate, 30 days prior to the expiration of the certificate. If an application for renewal and payment of the required fee is received by CCD at least 30 days prior to the expiration date of the current certificate, the current certificate, unless officially revoked, remains in force until CCD has acted on the application for renewal and has given notice of the action taken. (5) An application for a certificate shall be accompanied by a filing fee (not refundable). (a) For the initial application , a change of owner/operator, or a change of location (except when a facility is forced to move due to circumstances beyond the control of the operator), the fee is $100 plus$2 for each certified space (e.g., the fee for a child care center certified to care for 30 children is $60 + $100 = $160). (b) For a renewal application , the fee is $2 for each certified space. (6) A floor plan shall be submitted with the initial application and when a facility is remodeled. The floor plan shall show dimensions of all rooms to be used (length and width), the planned use of each room, the placement and number of toilets, handwashing sinks, and diaper changing tables, and the location of the fixtures and plumbing in the kitchen. (7) If the facility is located within or attached to a building used for purposes other than child care, the plan shall describe the other activities which are carried out in adjoining rooms or buildings. (8) If the applicant is a firm, association, corporation, public agency, or governmental entity, the application shall be signed by the chief executive officer or a person designated in writing to have the authority to sign for the operator. If the applicant is a partnership, the application shall be signed by each partner. (9) An operator shall provide verification to CCD that the center meets all state and local codes and zoning requirements that apply to child care facilities: (a) Before the initial certificate is issued; and (b) Whenever the facility is remodeled. (10) • The center shall be approved by a sanitarian registered under ORS Chapter 700, or an authorized representative of the Health Division, under requirements contained in these rules (OAR 414-300-000 through 414-300-440), and by a state or local fire marshal, before a certificate is issued by CCD. 5 • • (a) If structural or permit problems occur,CCD may request that the operator have the center inspected by the appropriate authority; and (b) The operator is responsible for payment of any applicable fees for fire safety and sanitation inspections. (11) Upon receipt of a completed application, a representative of CCD shall evaluate the center and all aspects of the proposed operation to determine if the center meets certification requirements (OAR 414-300-000 through 414-300- 440). 414-300-015 Issuance of a Child Care Certificate (1) A certificate shall be issued by CCD when it has been determined the center is in compliance with OAR 414-300-000 through 414-300-440. There are two types of certificates. These are: (a) A regular certificate which, except as provided in OAR 414-300- 010(4)(b), is valid for no more than one year;and (b) A temporary certificate. Not more than one temporary certificate shall be issued to a center in a twelve-month period, but it can be extended to a maximum of 180 days. A temporary certificate is issued when: (A) The center is in compliance with most requirements; (B) There are no deficiencies identified by CCD that are hazardous to children; and (C) The operator demonstrates an effort to be in full compliance. (2) A certificate is not transferable to any other location or to another organization or individual. (3) Any changes in the conditions of a certificate shall be requested in writing to CCD and approved by CCD before the condition(s) of the current certificate may be changed. Changes include,but are not limited to,maximum number of children, age range of children, or hours of operation. 414-300-020 Exceptions to Rules (1) CCD may grant an exception to an individual rule (OAR 414-300-000 through 414-300-440) when: (a) A requirement does not apply to the facility; or (b) The intent of the requirement can be met by a method not specified in the applicable rule. (2) The operator shall request an exception to a rule on a form provided by CCD. The request shall include: (a) A justification for the requested exception;and (b) An explanation of how the center will meet the intent of the rule. (3) No exception to a rule shall be granted: 6 • (a) If the requirement is established by statute; or (b) Unless the health, safety, and well-being of the children are ensured. (4) The granting of an exception to a rule shall not set a precedent, and each request shall be evaluated on its own merits. CENTER MANAGEMENT 414-300-030 General Requirements (1) The operator shall display the following near the entrance, or in some other area of the center, where they may be viewed by parent(s) of children in care: (a) The most current certificate issued by CCD; (b) Name of the director, or the person in charge in the absence of the director; (c) Notice of planned field trips away from the immediate neighborhood, showing the date and place of each excursion; (d) The current week's menu for all meals and snacks, if meals are provided by the center. Any substitution shall be recorded on the menu;and (e) A notice that the items identified in section (2) of this rule are available for review on request. (2) The operator shall have available for review on request: (a) A copy of OAR 414-300-000 through 414-300-440; and (b) The most recent CCD, sanitation, and fire safety inspection reports. (3) The operator shall report to CCD: (a) An accident resulting in the death or serious injury of a child at the center,within 48 hours after the occurrence. Serious injury means any injury which requires overnight hospitalization; (b) Damage to the building which affects the operator's ability to comply with these requirements, within 24 hours after the occurrence; and (c) Any change in director in writing within two weeks of the occurrence,and include the replacement person's qualifications for the position, references,and permission to complete the criminal record check. (4) Information provided to CCD on applications,in records or reports, or any other written or verbal communication, shall be current, complete, and accurate. (5) Staff shall report suspected child abuse or neglect immediately,as required by the Child Abuse Reporting Law (ORS 419B.005 through 419B.045). (6) Staff shall smoke only in a designated area not used by children,nor for food preparation,dishwashing,or for storage of food or cooking equipment and utensils. 7 • • (7) Staff shall not consume alcohol or use non-prescribed controlled substances in the center during the hours of operation. Staff who appear to be under the influence of alcohol or other drugs shall not be in the center. (8) No one shall be in the center who has been convicted of a crime of immoral conduct or convicted of violating a criminal statute that protects children, or who has demonstrated behavior which may have a detrimental effect on a child. (9) The following information shall be in writing and made available to staff, CCD, and to parent(s) at the time of enrollment: (a) Name,business address,and business telephone number of the person(s) who have immediate responsibility for the daily operation of the center; (b) Discipline policy; (c) Arrival and departure procedures; (d) Plan for emergency medical care and treatment of illnesses or accidents; (e) Procedures for field trips; (f) Information on transportation, when provided by the center; (g) Information on how to report a complaint to CCD regarding certification requirements;and (h) Notice that custodial parents have access to the center during the hours of operation and that no advance notice is required. (10) Representatives of all agencies involved in certification and custodial parents shall have immediate access to all parts of the center during hours of operation. CCD staff shall have the right to enter and inspect the center, including access to all staff, records of children enrolled in the center, and all records and reports related to the center operation regarding compliance with these rules. (11) - The center shall comply with the Health Division's administrative rules relating to: (a) Immunization of children (OAR 333-19-021 through 333-19-090 and 333- 19-200); and (b) Reporting communicable diseases (OAR 333-19-215 through 333-19-415). (12) The center serving infants and children shall have written health policies and procedures approved by the Health Division or the county health department which cover at least, but are not limited to, the following: (a) Storage and handling of bottles and food; (b) Diaper changing and disposal; (c) Bathing infants; and (d) Care of bed linen. 8 • • 414-300-040 Enrollment (1) Children shall be admitted in accordance with the conditions of the certificate including, but not limited to, capacity, hours of operation, age range, and special conditions. (2) As required by state and federal civil rights laws, the center shall not discriminate against any child on the basis of race, religion, color, national origin, sex, marital status of parent, or because of a need for special care. (a) Refusal by the operator to care for a child with a need for special care because of lack of related skills and degree of competence,or because of structural barriers in the center, shall not in itself establish a prima facie case of discrimination. The decision to enroll/not enroll a child shall be made on an individual basis after the child's child care needs have been assessed using information from parents and professionals who are knowledgeable about the specific handicap. The operator shall record the assessment that was made for each special needs child. (b) If a child with special needs is enrolled who needs a specific plan for caring for that child, such a plan shall be developed in writing between center staff, parent(s), and if necessary, outside specialists. All staff who come in contact with that child shall be fully aware of the special plan. (3) The operator shall obtain the following information from parent(s) for each child before admission: (a) Name and birthrate of child; (b) Date child entered care; (c) Name(s)and home and business addresses and telephone numbers of the custodial parent(s); (d) The school attended by a school-age child; (e) Name, address, and telephone number of child's doctor and dentist; (f) Name and telephone number of person to be called in an emergency if the parent cannot be located;and (g) Name and telephone number of person(s) to whom the child may be released. (4) The operator shall obtain the following information from parent(s) of each infant and toddler: (a) Schedule of feeding; (b) Types of food introduced and timetable for new foods; (c) Toilet and diapering schedule; (d) Sleep schedule; (e) Child's way of communicating and being comforted;and 9 • • (f) Developmental and health history of any problems that could affect the child's participation in child care. (5) The operator shall obtain the following written authorizations from parent(s) for each child at admission: (a) Permission for the center to obtain emergency medical treatment for the child. The emergency medical release shall be: (A) On a form accepted by the medical treatment facility used by the operator for emergency medical services; and (B) Immediately accessible to all staff. (b) Permission for the center to call an ambulance or take a child to an available physician or medical treatment facility; and (c) Approval when applicable for: (A) Participation in field trips; and (B) Participation in swimming or any other water activity, both on and off the premises of the center. (6) An opportunity shall be given for each child, with his/her parent(s) to have a preplacement visit to the center and for the center staff to exchange information with the parent(s). (7) No child under six weeks of age shall be enrolled in a center. 414-300-050 Arrival and Departure (1) The operator shall require that the person bringing a child under five years of age to. the center remain with the child until the child is accepted by staff. (2) The operator shall release a child only to a parent or another person named and identified by the parent(s). (3) If a school-age child arrives at or leaves the center without a parent, there shall be arrangements in advance, in writing from the parent(s), for the arrival and departure times and what to do if a child has not arrived at the center by the expected time. 414-300-060 Record Keeping (1) The operator shall keep the following records for at least one year, unless otherwise specified in this rule or in a contractual agreement with CCD, and shall be available at all times to CCD: (a) Complete and current information on each child as required in OAR 414- 300-040 (3), (4) and (5); (b) Records of daily attendance of children and staff showing: (A) The dates of employment and time of arrival and departure for each staff; and 10 • (B) The date, name of each child in attendance, and time of arrival and departure. The record shall show the children in attendance at any given time; (c) Personnel record for each staff which shall include: (A) Name and address of staff; (B) Position in center; (C) Verification that the person possesses the qualifications for the position; (D) Verification that a criminal record check has been completed; (E) Statement of the staff's duties; (F) Record of health-related training, such as CPR, Life Support, Life Saving, and First Aid; (G) Driving record, driver's license number and expiration date if the person is to transport children; and (H) Documentation of dates and participation in orientation, training, and staff development activities, as required in OAR 414-300-120. (d) A written record of: (A) An injury to a child; (B) Dates and times of the monthly practice of emergency procedures; (C) Child abuse reports made to the State Office of Services to Children and Families (SOSCF) or a law enforcement agency; (D) Authorizations to administer medication to a child; (E) Medications dispensed; and (F) Meals and snacks provided by the center for the previous three weeks. (2) The operator shall allow parent(s), upon request, to review records and reports, except for child abuse reports, maintained on their own child. PERSONNEL 414-300-070 General Requirements (1) The operator shall establish a system of job descriptions, staff selection, and staff evaluation that ensures that staff: (a) Have competence,sound judgment, and self-control in working with children; (b) Are mentally, physically, and emotionally capable of performing assigned duties related to child care; and 11 • • (c) Have the required training and/or experience for the position for which they are hired. (2) Any staff with evidence of a child care-restrictable'disease, symptom of physical illness, as defined in OAR 414-300-220 (1), or mental incapacity that poses a threat to the health or safety of children shall be relieved of his/her duties. (3) If there is evidence which casts doubt on the physical or mental competence of a person to care for children, CCD may request that the operator provide CCD with an evaluation from a physician, psychiatrist, or other qualified person. (4) A criminal record check through the Oregon State Police Law Enforcement Data System (LEDS) or comparable source shall be done, and an FBI criminal record may be done, on all administrative, child caring,and support staff of the facility. Criminal record checks shall also be done on persons who may or may not be facility staff if their presence or role in the facility provides unsupervised access to children. Certification shall be denied, suspended, or revoked if any person listed in section (4) of this rule operates, is employed in, or has access to children at the facility who has been convicted of or sentenced for offenses which CCD has determined indicate behavior which would have a detrimental effect on a child, unless the person provides evidence acceptable to CCD of changed behavior. (a) If any person listed in section (4) of this rule has been charged with, arrested for, or a warrant is out for any of the crimes which CCD has determined indicate behavior which would have a detrimental effect on a child, with final disposition not yet reached, certification will be denied or suspended until the charge, arrest, or warrant has been resolved if the person continues to operate,be employed in,or has access to children in a child care facility; (b) The operator shall require each person listed in section (4) of this rule to provide written consent for CCD to conduct a criminal record check. Consent shall be given on the form provided by CCD and shall be accompanied by a fee, as determined by CCD, for each person checked; (c) A criminal record check request must be sent to CCD,and CCD must complete a criminal record check, on all persons listed in section (4) of this rule prior to their affiliation with the facility; and (d) If a criminal record check shows that a warrant has been issued for any person checked, CCD will inform the originating law enforcement agency of the person's name,employment address,and telephone number. (5) There shall be a person or persons on the staff who meet(s) the qualifications of director (OAR 414-300-080) and head teacher (OAR 414-300-090). A person who meets the qualifications shall be assigned the duties of the position. (6) Volunteers who are counted in determining the staff/child ratios shall meet the qualifications of the position they are filling. 0 12 • • 414-300-080 Director- Qualifications and Duties (1) The director shall: (a) Be at least 21 years of age; and (b) Have at least one year of training and/or experience in management and supervision. (2) The director of the center shall be accountable for: (a) Administrative functions including, but not limited to, financial management, maintaining records, budgeting, policy development, staff orientation and training, maintenance of buildings and grounds, meal planning and preparation, and transportation, if provided; and (b) Operating the center in compliance with certification requirements (OAR 414-300-000 through 414-300-440). (3) If head teacher qualifications (OAR 414-300-090) are met by the director, that person may serve as head teacher for the age range of children for which she/he is qualified if she/he works full-time in the center: (a) If the center is certified for less than 40'children, the director may serve as head teacher and have regular teaching duties, if qualified; • (b) If the center is certified for 40 or more children, the director may serve as head teacher, but shall have no regular teaching duties. (4) The director shall be in the center at least one-third of the hours, calculated on a weekly basis, that the center is in operation. (5) The director, or a substitute delegated by the director or operator, shall be on the premises during all hours of operation. The substitute director shall: (a) Meet at least the qualifications of a teacher; (b) Be familiar with the certification requirements; and (c) Be authorized to correct a deficiency that might be an immediate threat to children's health or safety. 414-300-090 Head Teacher- Oualifications and Duties (1) For each infant and toddler, preschool age, and school age program in the center, there shall be a qualified person designated as head teacher who is at least 18 years of age. (2) The head teacher shall be accountable for: (a) The development and implementation of the center's program of activities; and (b) Ensuring the appropriateness of program activities according to the age, interests, and developmental level of the children. (3) A head teacher shall meet the qualification requirements of one of the options listed in Table 1. 13 • • (4) A person may serve as head teacher for more than one age group as long as the qualifications for head teacher for each age group are met. Qualifications for Head Teacher Table 1 Option Infant & Toddler Age Preschool Age Program School Age Program Program (a) Bachelor's Early Childhood Early childhood Child development, degree from college Education or child education, child elementary education, or university with a development development, physical education, major in: elementary education, recreation, or early or special education. childhood education (k-3) (b) AA/AS degree Early childhood Early childhood Child development, from a college with education or child education or child physical education, a major in: development development recreation, or early childhood education (k-3) (c) Child Related to infant and Related to preschool N/A Development toddler care age child care Associate (CDA) Credential: (d) Completion of Early childhood Early childhood Child development, 20 semester hours or education or child education, child physical education, 30 quarter hours in: development development, elementary education, elementary education, special education, or special education recreation, or early childhood education (k-3) AND At least one year of full-time experience in a certified child care center or comparable group child care program, Infants and/or in the care of: toddlers Preschool age children School age children (e) At least two years full-time - experience, with at least one year as a teacher, in a certified child care center or comparable group Infants and/or Preschool age children School age children child care program, toddlers in the care of: 414-300-100 Teacher (1) For each group of children, a person shall be designated as the teacher. This person shall: (a) Be at least 18 years of age; (b) Be responsible for a designated group of children; and (c) Supervise the activities of an aide assigned to his/her group. 14 • • (2) A teacher shall meet the qualification requirements of one of the options listed in Table 2. Qualifications for Teacher Table 2 Option Infant & Toddler Age Preschool Age Program School Age Program Program (a) At least 20 Early Childhood Early childhood Elementary education, semester hours (or Education or child education, preschool child development, 30 quarter hours) of development education, child physical education, training at a college development, or special recreation, special or university in: education education or early childhood education (k-3) (b) A CDA (Child Related to infants and Related to preschool N/A Development toddler care age child care Associate) credential: (c) At least one year Infants and Toddlers Preschool age children School age Children of successful, full- time work experience, in a certified child care center or comparable group child care program, in the care of: 414-300-110 Teacher Aides • Teacher aides may be included in the staff/child ratio calculation. They shall be: (1) At least 15 years of age. (2) Directly supervised by another staff who meets at least the qualifications of a teacher. 414-300-120 Staff Training (1) All new staff shall receive an orientation within the first two weeks of employment. Orientation shall include, but is not limited to: (a) Individual responsibilities in the event: (A) The building must be evacuated (e.g., fire); (B) An emergency requires staff and children to remain inside under unusual circumstances (e.g.,power outage,environmental hazard); or C A child or staff is injured) sta s lured or becomes ill; (b) These requirements (OAR 414-300-000 through 414-300-440); (c) The center policies,as required in OAR 414-300-030; and (d) Procedures for reporting suspected child abuse or neglect. 15 • (2) The operator shall have documentation of the date and type of orientation received. (3) The director, head teacher, and all teachers shall participate yearly in at least 15 clock hours of training or education related to child care, of which at least six clock hours shall be in child development or early childhood education: (a) A head teacher whose qualifications for the position are based solely on work experience shall emphasize training in child development and early childhood education for the first two years of employment; (b) Training may include correspondence courses,conferences,workshops, audiovisual programs or, if community resources are not available, a planned reading program of professional materials; and (c) The center shall record each person's training showing the subject matter, the date completed, and the number of clock hours of training. • 414-300-130 Staff/Child Ratios and Group Size (1) The number of caregivers and group size shall be determined by the number and ages of the children in attendance. (2) The maximum number of children in a group and the ratio of caregivers to children specified in Table 3 shall apply, except that: (a) When all children are at rest, the situation permits, and the room is arranged so all children are supervised, there may be one caregiver supervising the resting room. Sufficient staff to meet the required ratio shall be in the facility and able to be summoned by the caregiver without leaving the resting room; and (b) Maximum group size shall not apply to field trips, outdoor play, planned large group activities, for napping and eating. TABLE 3: Age Minimum Number Maximum Number of Children of Caregivers of Children to Children in a Group 6 weeks of age and 1:4 8 under 30 months 30 months old and under 1:10 20 5 years 5 years or older 1:15 30 (3) Children shall at all times have the full attention of the appropriate number of staff. Children shall be within sight and sound of a caregiver at all times. School age programs with toilet facilities or activities off-site shall have a plan to assure accountability for all children. 16 • • (4) At least one caregiver who meets the qualifications of a teacher (OAR 414-300- 100) shall supervise each group of children. (5) In a group of children of varying ages, the number of caregivers shall be determined by the age of the youngest child in the group. (6) When there is only one staff in the center, there shall be a second adult available within 5 minutes for emergencies. The name and telephone number of the emergency back-up shall be known to all staff who work alone. - PHYSICAL SETTING 414-300-140 Indoor Space (1) There shall be a minimum of 35 square feet of indoor activity area per child. Space considered in determining the facility capacity shall be available for use at all times and shall be used exclusively for child care during the hours of operation. (2) In a room used by more than one group of children under six years of age, the area occupied by each group shall be defined by use of portable or permanent room dividers or program equipment that stand above the eye level of the children who use the area. Rooms used only for large group activities (e.g., eating, napping, large muscle activities) are exempt from this requirement. (3) Storage space shall be available for each child's clothing and personal possessions. (4) Storage space shall be available for play equipment, teaching equipment and supplies,records and files,cots, mats,and cleaning equipment and supplies. 414-300-150 Outdoor Space (1) There shall be an outdoor activity area which the children can reach safely. If an outdoor activity area is not next to the center, or not under the control of the center during hours of operation, it cannot be used without the specific approval of CCD. (2) There shall be at least 75 square feet of outdoor space for each child using the area at one time. In centers where groups of children are scheduled at different times for outdoor play, there shall be 75 square feet times one-third of the center's capacity, if permitted by local zoning regulations. (3) The outside activity area shall: (a) Be suitably surfaced and well drained; (b) Kept free of litter, solid waste and refuse, ditches, or other conditions presenting a potential hazard; and (c) Be equipped to provide age-appropriate activities for gross motor development. (4) The outdoor activity area of a center serving children under age 5 shall be enclosed by a barrier (fence, wall, or building) at least three feet high. 17 • • 414-300-160 Fire Protection (1) All floor levels used by children shall have two doors that are usable exits. (2) Space on other than the ground floor shall not be used unless specifically approved by the fire marshal and CCD. (3) Fire Extinguishers (a) There shall be at least one 2-A-10BC-rated fire extinguisher for each 3,000 square feet of space in the center; (b) Fire extinguisher(s) shall be placed as recommended by the fire marshal. (4) Smoke Detectors: (a) When the center's capacity is less than 50, single station smoke detectors shall be installed in all areas where children nap; (b) When the center's capacity is more than 50, an approved fire alarm system shall be provided, as required by the Uniform Building Code; (c) Smoke detectors shall be tested each month. (5) Storage of supplies, furniture or any other materials in corridors, on stairs, or in stairwells that are used by the center is prohibited. (6) There shall be written evidence that any wood stove in the building has been inspected and approved for use by the local building official. 414-300-170 Hazards and Emergencies (1) Protection from Hazards: (a) Glass surfaces subject to impact by children shall be of safety glass and marked at a child's eye level or have a protective barrier in place; (b) Electrical outlets accessible to children under five years of age shall have protective caps or safety device when not in use; (c) All stairways with three steps or more used by children shall have handrails installed a minimum of thirty inches to a maximum of thirty- four inches above the stair tread; (d) Screens or guards and stair guards shall be used in any hazardous location accessible to a child; (e) A movable barrier, such as a mesh-type gate, shall be placed at the top and/or bottom of all stairways accessible to infants and toddlers. The use of a gate with scissor or accordion-type action is prohibited; (f) Lights shall be protected from hazards or breakage by installation of covers or shields; (g) All rooms used by staff and children shall have adequate lighting; (h) Floors shall be free of splinters, large or unsealed cracks, sliding rugs, and other hazards; 18 • • (i) Items of potential danger to children (e.g., cleaning supplies and equipment, poisonous and toxic materials, paints, plastic bags, aerosols, detergents) shall be: (A) Kept in the original container or labeled; (B) Secured by a child-proof lock or latch; (C) Stored in an area not used by children; and (D) Stored separately from food service equipment and supplies. (j) Lead-based paint or other toxic finishing materials shall not be used on walls, furnishings, toys, or any other equipment, materials or surface which may be used by children or is within their reach; (k) Other hazards observed in the certification process must be corrected. (2) Preparation for Emergencies: (a) An emergency light source shall be available and in working condition; (b) Telephone service shall be available in the center at all times when children are in care; • (c) Telephone numbers for fire,emergency medical care,and poison control shall be posted on all telephones; and (d) Written instructions for evacuating the building shall be posted in each room children use. (3) Emergency Plan: (a) The center shall have a written plan for handling emergencies relating to fire, acute illness of a child or staff, a child who is not breathing, a child who is injured,and other emergencies; (b) All staff shall be familiar with the emergency telephone numbers and emergency procedures; (c) Staff and children shall practice at least one aspect of the emergency plan once per month. Fire drills and evacuating the building shall be practiced at least six times per year; and (d) The director shall keep a written record of the type, date, and times of the monthly practice. 414-300-180 Sanitation (1) Water Supply (a) The center's water supply shall be continuous in quantity,and from a water supply system approved by the Health Division. (b) If water for human consumption is from a private source, the operator shall provide evidence of an on-site inspection of the source of,the water by a sanitarian and bacterial and chemical analysis of the water: 19 • • (A) The analyses shall be conducted by the local health department, the Health Division, or a commercial laboratory approved by the Health Division; (B) The bacterial analysis shall be done quarterly; (C) The chemical analysis shall be done only once for a well and yearly for other private water sources. (c) There shall be safe drinking water available to children that is supplied in a sanitary manner. (2) Heat and Ventilation: (a) The center shall be ventilated, by natural or mechanical means, and shall be free of excessive heat, condensation,and obnoxious odors; and (b) Room temperature of at least 68° F. (20 C.)shall be maintained in the center when children are present. (3) Vermin Control: (a) The center shall be free of rodents, insects, and vermin; (b) Doors and windows used for ventilation shall be equipped with fine- meshed screens;and (c) Automatic insecticide dispensers, vaporizers, or fumigants shall not be used. (4) Maintenance: (a) The building, toys, equipment, and furniture shall be maintained in a clean and sanitary condition: (A) Kitchen and toilet rooms shall be cleaned when soiled and at least daily; (B) The isolation room shall be thoroughly cleaned after each use and all bedding laundered before it is used again; (C) Door knobs and cabinet pulls in toilet rooms and diaper changing areas shall be sanitized daily; (D) All clean linen shall be stored in a sanitary manner; (E) Soiled bed linen and clothing shall be stored and washed separately from food preparation and other storage areas, and shall be inaccessible to children; (F) Floors, walls, ceilings, and fixtures of all rooms shall be kept clean and in good repair; (G) All food storage areas shall be kept clean and free of food particles, dust, dirt, and other materials; 20 • (H) Cribs, mats, and cots shall be cleaned with a sanitizing solution at least once a week,upon change of occupant,or when soiled; (I) Bedding shall be cleaned when soiled, with change of occupant, or at least once a week; (J) Water tables and toys used in water tables shall be emptied and sanitized daily; (K) When a chemical, such as chlorine, is used for sanitizing, a test kit that measures the parts per million concentration of the solution shall be used to ensure the proper concentration; and (L) Cloths and sponges used for wiping food spills on utensils and food- contact surfaces shall be kept clean and sanitized and used for no other purpose. (b) The center shall be kept hazard-free, in good repair, and free of litter or rubbish and unused or inoperable equipment and utensils. (5) Infant and Toddler Care: (a) The following shall be cleaned and sanitized immediately after each use; (A) A bathtub or other receptacle used for bathing a child; (B) A diaper-changing table; (C) High chairs; (D) Toys that infants and toddlers put in the mouth; and (E) Training chair receptacles. (b) A sanitizing solution shall be kept in each diaper changing area ready for immediate use. This solution need not be stored in a locked cabinet but must be out of children's reach. (6) Hand washing: (a) Staff and children shall wash their hands with soap and running water after using the toilet or wiping the nose, and before eating; and (b) Staff shall wash hands with soap and running water before and after changing a diaper, before feeding a child or handling food, and after assisting a child with toileting or wiping the nose. (7) Waste Disposal: (a) All sewage and liquid wastes shall be collected, treated, and disposed of in compliance with the requirements of the Department of Environmental Quality; (b) All garbage, solid waste, and refuse shall be disposed of at least once a week; 21 • • (c) All garbage shall be kept in watertight, non-absorbent, and easily washable containers with close-fitting lids; (d) All garbage storage areas and garbage containers shall be kept clean; and (e) All rubbish and garbage storage shall be inaccessible Lo children. 414-300-190 Toilet Facilities (1) Toilets: (a) Toilet rooms shall have at least one flush toilet for each 15 children in the center 30 months old or older; (b) Urinals may be substituted for not more than one-half the required number of toilets, as long as there is at least one toilet in each toilet room and at least two toilets in the center; and (c) Toilet facilities shall provide privacy for school age children. (2) Hand washing Sinks: (a) There shall be at least one hand washing sink with mixing faucets for • every two toilets. Centers certified before September 29, 1988 shall comply with the requirement for mixing faucets when toilet facilities are • remodeled; (b) A sink used for hand washing,bathing, or diaper-changing shall not be used in any way for preparation of food or drinks, or for dish washing; and (c) Soap, paper towels, and hot and cold running water shall be provided at each hand washing sink located in toilet rooms and diaper-changing areas. (3) If toilets or hand washing sinks are adult size, easily cleanable steps or blocks shall be provided so that preschool age children can use the toilets and sinks without adult assistance. (4) Toilet rooms shall have smooth, washable, easily-cleanable walls and floors. (5) Infants and Toddlers-In a center serving children under 2-1/2 years old, there shall be: (a) At least one flush toilet in or adjacent to the infant and toddler area; (b) One toilet with training seat, or child-size toilet, for every eight toddlers; (c) At least one diaper-changing table in or adjacent to each activity and sleeping room. Each table shall have a surface that is waterproof and easily cleaned; (d) A hand washing sink in each diaper-changing area, except that centers certified before August, 1988 shall comply with this requirement when the diaper-changing area is remodeled; and 22 S (e) A bathtub, bathinette, plastic basin, or similar size shallow sink available for bathing children. 414-300-200 Kitchens (1) There shall be kitchen facilities for dish washing, storage, and preparation of food which are separate from other areas. (2) The walls,floors, and floor coverings of all rooms in which food or drink is prepared or stored, or utensils are washed or stored, shall be smooth, washable, and easily cleanable. (3) All equipment and utensils used for food service, including plastic ware, and food-contact surfaces shall be: (a) Easily cleanable; (b) Durable; (c) . Nontoxic;and (d) Nonabsorbent. (4) All equipment used for food preparation shall be installed and maintained in a manner providing ease of cleaning beneath,between,and behind each unit. (5) A center shall have a: (a) Mechanical dishwasher that meets the requirements in the Health Division's OAR 333-154-030; or (b) Compartmentalized sink that meets the requirements in the Health Division's OAR 333-154-020. (6) There shall be sinks in the kitchen designated by the sanitarian for hand washing, food preparation activities, and for dish washing activities: (a) The sink designated for hand washing shall be equipped with soap and paper towels and posted with a hand washing sign; (b) In centers in which there is not a sink provided for food preparation, a sink used for dish washing may be used as long as dish washing activities do not interfere with sanitary food preparation, and the sink is sanitized before being used for food preparation; (c) Sinks in the kitchen shall be used exclusively for food service activities; and (d) Centers newly constructed or remodeled after August, 1988 shall meet the requirements for hand washing sinks established by the Building Codes Agency. (7) Children shall not be allowed in the kitchen except for a supervised learning activity. 23 • • 414-300-210 Furniture (1) Furniture shall be: (a) Durable; (b) Safely constructed, with no sharp, rough, loose, or pointed edges; and (c) In good repair. (2) Tables and seating shall be scaled to the height and size of a child. (3) Each infant shall have a crib, portable crib, or play pen with a clean, waterproof mattress that meets the following requirements: (a) Each crib shall be of sturdy construction with vertical slats no more than 2 3/8" apart; (b) Locks and latches on the dropside of a crib shall be safe and secure from accidental release or release by the infant inside the crib; • (c) Each mattress shall fit snugly; (d) Each mattress shall be covered by a sheet; (e) Crib bumpers, if used, shall be easily cleanable, durable, and not dangerous to children; (f) There shall be no restraining devices of any type used unless prescribed by a physician; and (g) Wall or stacking cribs shall not be used. (4) There shall be a safe, washable cot or rest mat for each toddler and preschool age child in the center at nap time, and for each school-age child who wants to rest. (5) Each mat used for napping shall be: (a) Covered with a waterproof cover; and (b) At least one inch thick. (6) There shall be at least two feet of space between cribs, play pens, mats, or cots when in use. They shall be arranged in a manner that allows for a direct, unobstructed passage to each child. (7) Each child who is resting shall have individual bedding consisting of at least a sheet or blanket. (8) If high chairs are used, they shall have: (a) A broad base to prevent tipping; (b) A latch to keep a child from raising the tray; and (c) Straps to prevent a child from sliding out. 24 • • (9) There shall be at least one adult-sized chair for each group of infants and toddlers. HEALTH 414-300-220 Illness or Injury (1) Illness: (a) A center shall not admit or retain in care, except with the written approval of the local health officer, a child who: (A) Is diagnosed as having or being a carrier of a child care-restrictable disease, as defined in Health Division OAR 333-19-200; or (B) Has one of the following symptoms, or combination of symptoms,of illness: (i) Fever over 101.5°F; (ii) Diarrhea (more than one abnormally loose stool per day); (iii) Vomiting; (iv) Nausea; (v) Severe cough; (vi) Unusual yellow color to skin or eyes; (vii) Skin or eye lesions or rashes that are severe, weeping, or pus-filled; (viii) Stiff neck and headache with one or more of the symptoms listed above; (ix) Difficult breathing or wheezing; or (x) Complaints of severe pain. (b) A child who shows signs of illness, as defined in this rule, shall be isolated and the parent(s) notified and asked to remove the child from the center as soon as possible; (c) If a child has mild cold symptoms which do not impair his/her functioning, the child may remain in the center and the parent(s) notified when they pick up their child; (d) A specific place for isolating a child who becomes ill shall be provided. The'isolation area: (A) Shall be located where the child can be seen and heard by staff; and (B) Shall be equipped with a cot, mat, or bed for each sick child. 25 • • (e) An outbreak of communicable disease or food poisoning shall be reported to the parents of all children who attend the facility. (2) Injuries: (a) The operator shall have written procedures for handling injuries that shall be made known to all staff, including: (A) Procedure for taking a child to emergency medical care; (B) Routine for treatment of minor injuries;and (C) First aid measures for serious accidents. (b) There shall be at least one person in the center at all times who has a current certificate in Basic Life Support for children, a current American Red Cross First Aid card, or an equivalent; (c) First aid supplies and a chart or handbook of first aid instructions shall be maintained in one identified place away from food and food-contact surfaces and be available for staff use but kept out of reach of children: (A) The first aid supplies shall include Band-Aids, adhesive tape, sterile gauze pads, soap or sealed antiseptic towelettes to be used as a wound cleaning agent, scissors, disposable plastic gloves for handling blood spills, chlorine bleach for sanitizing after a blood spill, a sanitary temperature taking device, and tweezers; and (B) Separate first aid supplies and a copy of each child's medical release form shall be taken on all field trips away from the immediate neighborhood. (d) Injuries or accidents shall be reported to the child's parent(s) on the day of occurrence. (A) A written report of the injury or accident shall be maintained on file; and (B) The report shall include the date, child's full name, nature of the injury, witnesses, action taken, and the signatures of reporting staff and parent(s). (3) Emergency Medical Care: (a) The operator shall identify a licensed physician, hospital, or clinic to be used for emergency medical care; (b) In the event of an illness or injury which requires immediate medical care, the director, or the designated person in charge, is responsible for securing such care and notifying the parent(s). 414-300-230 Medications (1) No prescription medication or non-prescription medication including,but not limited to aspirin,cough syrup, or nose drops,may be given to a child except under the following conditions: (a) A signed, dated, written authorization by the parent(s) is on file; 26 • (b) Prescription medication is in the original container and labeled with the child's name, name of the drug, dosage, directions for administering, date, and physician's name; (c) Non-prescription medication is labeled with the child's name, dosage, and directions for administering; and (d) A written record of all medications administered listing, as a minimum, the name of the child, type of medication, the signature of the person administering the medication, date, time, and dosage given, shall be kept. (2) All medications shall be: (a) Secured in a storage area with a child-proof lock or latch; and (b) Stored in an area not used by children. (3) Medications requiring refrigeration shall be kept in the refrigerator in a separate covered container clearly marked "medication". (4) Parent(s) shall be informed daily of medication administered to their child. 414-300-240 Animals in the Center (1) Any animals and animal areas shall be maintained in a healthy, sanitary condition, safe to the animal and children. (2) Animals allowed in the center for more than one day at a time shall be limited to cats, dogs, fish, guinea pigs, gerbils, and hamsters. (3) Parent(s) shall be notified in advance if any animal, other than those listed in section (2) of this rule, will be on the premises. (4) Any animal on the premises shall have been vaccinated according to a licensed veterinarian's recommendations. (5) Any animals other than cats and dogs shall be properly caged and maintained in a safe, healthy, sanitary manner. (6) All animals shall be kept out of rooms used for storage of food,and food-related equipment and supplies,or for food preparation. (7) No uncaged animal shall be allowed in any room used by infants or toddlers. (8) Litter boxes shall not be placed in the child care area. • 27 • • FOOD SERVICE 414-300-250 Food Selection, Storage and Preparation (1) All food and drink provided by the center shall be selected, stored, prepared, and served in a sanitary manner. (2) Selection: (a) All food products served by the center shall be obtained from commercial suppliers, except that: (A) Fresh fruits and vegetables and center-frozen fruits or vegetables may be served;and (B) Home-canned or processed food may be served to a child only when supplied by the child's parent(s). (b) Only Grade A pasteurized and fortified milk shall be served to children: (A) Powdered milk shall be used only in cooking; and (B) The serving of raw milk is prohibited. (3) Storage: (a) A center shall have at least one refrigerator,in good operating condition, that is adequate to store all potentially hazardous foods. "Potentially hazardous food" means any food or beverage that contains milk or milk products, eggs, meat, fish, shellfish, poultry, cooked rice or beans, and all other previously cooked foods: (A) A dependable spirit stem (alcohol filled - usually red) thermometer shall be affixed to the door, or the front edge of the top shelf, of each refrigerator; (B) Refrigerators equipped with a temperature gauge visible from the exterior are acceptable. (b) All potentially hazardous food shall, except when being prepared, be kept at 45 degrees Fahrenheit (F) or below,or 140 degrees F or above. (A) Foods requiring refrigeration after preparation shall be rapidly cooled to a temperature of 45 degrees F or below; (B) Refrigerated storage space at 45 degrees F or less shall be used to store lunches which contain potentially hazardous food that children bring from home; (C) A metal stem-type probe thermometer shall be used to ensure food requiring hot storage is maintained at 140 degrees F or above; and (D) Foods that have been cooked, and then refrigerated, shall be reheated rapidly to at least 165 degrees F before being served or placed in a hot food storage unit. 28 • • (4) Preparation: (a) Food shall be prepared with a minimum of manual contact; (b) Raw fruits and vegetables shall be washed in a clean, sanitized sink before being cooked or served; (c) Food shall be prepared on food-contact surfaces and with utensils that are clean and have been sanitized; (d) Food-contact surfaces and utensils shall be cleaned and sanitized after each use and/or whenever there is a change in processing from raw to ready-to-eat foods; (e) No food additives or preservatives shall be used by the center. (5) Service: (a) Each child shall be provided with his/her own individual use utensils for eating and drinking. These may be: • (A) Single use paper and plastic which shall be used once only; or (B) Multiple use utensils which shall be washed in the prescribed manner between each use (OAR 414-300-260). (b) To protect food from contamination: (A) A suitable dispensing utensil, that is not used for any other purpose, shall be used to transfer a food item to each child's plate or bowl; and (B) A bowl,platter, pitcher, or dispensing utensil used for serving food or drink shall not be refilled or reused without first being washed and sanitized. (c) Milk and fluid milk products shall be dispensed from a commercially filled plastic container of not more than one-gallon capacity, individual half-pint containers, or from a refrigerated bulk container equipped with an approved dispensing device: (A) Milk containers shall be opened immediately before pouring; (B) Any unused portions left in the original container shall be returned immediately to refrigeration; and (C) Unused portions of milk left in a pitcher shall be discarded. (d) All food, once removed from the kitchen, shall be discarded; (e) Leftover prepared food which has not been served shall be labeled and dated, rapidly cooled, and used within 36 hours, or frozen immediately for later use. 29 • • 414-300-260 Cleaning,Sanitizing,and Storage of Food Service Equipment and Utensils ' (1) Tableware and kitchenware (e.g., pots, pans and equipment) shall be washed, rinsed, and sanitized after each use: (See Appendix B.) (a) When mechanical cleaning and sanitizing methods are used, the requirements in the Health Division's OAR 333-154-030, Food Sanitation Rules, shall be met; (b) When manual washing, rinsing, and sanitizing of dishes and equipment is used, the requirements in the Health Division's OAR 333-154-020, Food Sanitation Rules, shall be met. (2) Food-contact surfaces of equipment shall be washed, rinsed, and sanitized after each use. (3) All multi-use utensils and counters, shelves, tables, refrigeration equipment, sinks, drain boards, dish tables, cutting boards, appliances, and other equipment or utensils used for food preparation shall be kept clean and in good repair. (4) After sanitization, all tableware, equipment, and utensils shall be air dried. (5) After being cleaned and sanitized, tableware and utensils shall be: (a) Stored in a clean, dry place protected from insects, dust, and other contamination; and (b) Handled in a way that protects them from contamination. Rule 414-300-270 Nutrition (1) An operator shall provide or ensure the availability of adequate and nutritious meals and snacks appropriate for the ages and needs of the children served. (2) Each lunch and dinner served shall equal at least 1/3 of a child's daily nutritional needs, as defined by USDA Child Care Food Program guidelines, and include at least one serving from each of the Basic Four Food Groups (bread and cereal; fruits and vegetables; milk and milk products; meat, fish, poultry, and vegetable protein such as legumes (e.g., dried beans and peanut butter). (3) Each breakfast served shall include at least one serving each of milk, fruit or vegetable, and bread or cereal. (4) Snacks (mid-morning or mid-afternoon)shall consist of food or drink from at least two of the Basic Four Food Groups. (5) Nutrient concentrates and supplements (protein powders, liquid proteins, vitamins, minerals, and other nonfood substances) and special diets shall not be served without written instructions from a physician and written parental consent. 30 • • Rule 414-300-280 Meals and Snacks (1) Meals and snacks provided to children shall meet the following requirements: (a) Food services hours may be flexible but there shall be no more than 3-1/2 hours between meals and snacks in any center providing care for the same children 3 1/2 or more consecutive hours; (b) In a center open morning through afternoon, lunch and morning and afternoon snacks shall be served to the children in care. If breakfast is served in the center to all children, a midmorning snack is not required, as long as there is no more than 3 1/2 hours between meals; (c) School age children arriving after school shall be served a snack; and (d) When the planned attendance is prior to 7 a.m. or after 6:30 p.m., a child shall be offered a complete meal if it is not provided by the parent(s). (2) Meals for children shall be: (a) Prepared on-site; (b) Catered; or (c) Provided by the parent(s). (3) When parent(s) provide food for the meal: (a) Food shall be brought on a daily basis and be ready to eat; (b) All food shall be labeled with the child's name; (c) The center shall provide at least one serving of milk or milk product to each child at meals and shall provide morning and afternoon snacks; (d) Each child's food shall be monitored daily to ensure that the food meets nutritional requirements as defined in OAR 414-300-270;and (e) The center shall have sufficient food available to supplement any lunch that does not meet nutrition requirements as defined in OAR 414-300-270. (4) Catered foods shall be: (a) Prepared in a kitchen licensed by the State Health Division or a county health department; and (b) Delivered in a safe, sanitary manner with food maintained at the required temperature (OAR 414-300-250). (5) A center serving children under one year of age shall comply with the following requirements: • (a) Each child shall be fed on his/her own feeding schedule; • (b) When formula is provided by the center, it shall be the commercially prepared, iron-enriched, ready-to-feed type; 31 1 • • (c) Formula, breast milk, and food provided by he parent(s) shall be clearly marked with the child's name and refrigerated if required; (d) No liquids, other than milk, formula, water,and 100 percent fruit juices, shall be served; (e) Skimmed milk, 1%, and 2%milk shall not be served unless requested in writing by the child's parent(s); (f) Drinking water shall be offered to infants and toddlers several times daily; and (g) Solid foods fed to infants shall be selected from the Basic Four Food Groups,as defined in OAR 414-300-270: (A) Solid foods shall not be fed to infants under four months of age without parental consent; (B) Solid food shall not be served directly from the container; and (C) Leftovers in the serving container shall be discarded. (h) Honey shall not be served to children under one year of age;and (i) Children who cannot feed themselves shall be held or fed in infant seats or high chairs: (A) Infants up to six months old shall be held while bottle fed; (B) Bottles shall never be propped. The child or a staff person shall hold the bottle; and (C) Infants no longer being held for feeding shall be fed in a manner that provides safety and comfort. PROGRAM AND CARE OF CHILDREN 414-300-290 Program Plan (1) The center shall provide a written program of activities for each group of children according to their ages, interests, and abilities. (2) The program schedule shall be planned to provide: (a) Positive learning experiences appropriate to the individual developmental needs of children in care; (b) Regularity of such routines as eating, napping, and toileting with flexibility to respond to the needs of individual children; (c) A balance of active and quiet activities; (d) Individual and group activities; (e) Daily indoor or outdoor activities in which children use both large and small muscles; 32 • • (f) Periods of outdoor play each day when weather permits; and (g) Opportunities for a free choice of activities; and (h) One or more regularly scheduled rest periods. For children who do not sleep, time and space for rest and quiet play must be provided. This may be in the same room where children are sleeping if it is not too restrictive to resting children or disruptive to sleeping children. (3) The program, as implemented, shall reflect the written program plan. 414-300-300 Infant and Toddler Age Programs (1) Each infant and toddler shall be: (a) Allowed to form and follow his or her own pattern of sleeping and waking periods; and (b) Given opportunities during each day to move freely by creeping and crawling in a safe, clean, open, warm, and uncluttered area. (2) Throughout the day each child shall receive physical contact and individual attention (e.g.,being held, rocked, talked to, sung to, and taken on walks inside and outside the center); (3) Routines relating to activities such as bedtime, feeding, diapering, and toiling shall be used as opportunities for language development, building the child's self esteem, and other learning experiences; (4) Children shall be encouraged to play with a variety of safe toys and objects; (5) Immediate attention shall be given to the emotional and physical needs of children; and (6) Staff shall encourage the development of self-help skills (dressing, toileting, washing, eating) as children are ready. (7) Toddlers shall be given opportunities to participate in: (a) Arts and crafts activities; and (b) Running, climbing, and other vigorous physical activities. (8) Infants and toddlers shall have an activity area not used by older children at the same time. 414-300-310 Preschool Age Programs Preschool age children shall have opportunities, on a daily basis, to choose from among various activities and experiences, which shall include: (1) Arts and crafts; (2) Dramatic play; (3) Gross motor development; (4) Fine motor development; 33 • • (5) Music and movement; (6) Opportunities to listen and speak; (7) Concept development; (8) Using the five senses through sensory play; and (9) A supervised nap or rest period. 414-300-320 School Age Programs (1) School age children shall have opportunities to choose from: (a) Indoor and outdoor group activities; (b) Individual projects including homework; and (c) Rest or relaxation. (2) The center shall have activities and equipment appropriate for school age children. 414-300-330 Discipline (1) A center shall have written policy on the discipline of children which all staff shall follow. (2) The operator shall make this policy known to all staff, volunteers, and parent(s). (3) The discipline policy shall: (a) Provide for positive guidance, redirection, and the setting of clear-cut limits; and (b) Be designed to help the child develop self-control, self-esteem, and respect for others. (4) Only staff shall discipline a child. (5) Discipline shall be fair, consistently applied, timely, and appropriate to the infraction and the age of the child. (6) For infants and toddlers, positive statements or redirection of behaviors shall be used. (7) Punishment which is humiliating or frightening to a child is prohibited. Prohibited punishment includes, but is not limited to: (a) Hitting, slapping, shaking, striking with hand or instrument, pinching, or inflicting any other form of corporal punishment; (b) Mental or emotional punishment including,but not limited to,name calling, ridicule, yelling, or threats; 34 • • (c) Chemical or physical restraints used for discipline or to control behavior; (d) Confining a child in an enclosed area (e.g., a locked or closed room,closet, box); (e) Forcing or withholding meals, snacks, rest, or necessary toilet use; or (f) Punishing a child for lapses in toilet training. (8) The center shall not accept parental permission to use any form of punishment listed in subsection (7) of this rule. 414-300-340 Equipment and Materials (1) The center shall have play equipment and materials that are: (a) Appropriate to the developmental needs and interests of the children; (b) Safe, durable, and in good repair; and (c) Easily accessible to the children. (2) The quantity and variety of play materials shall be sufficient to: (a) Avoid excessive competition; (b) Provide a choice of activity to each child; (c) Provide a balance of: (A) Active/quiet activities; and (B) Individual/group activities; (d) Offer stimulation; and (e) Provide the variety of activities required in OAR 414-300-300, 414-300- 310, and 414-300-320. 414-300-350 Transportation When transportation is provided by the center, the following requirements shall be met: (1) Drivers shall: (a) Be at least 18 years of age; (b) Hold a current driver's license. If required by the Motor Vehicles • Division (DMV), a chauffeur's license shall be obtained; and (c) Maintain a safe driving record. (2) The operator shall obtain a copy of the driving record from DMV for each staff whose job description includes driving duties. (3) The vehicle shall be: 35 • • (a) In compliance with all applicable state and local motor vehicle laws; and (b) Maintained in a safe operating condition. (4) If transportation is provided between the center and the child's school or other destination, the center shall have in writing an acknowledgment from the parent(s) that they are aware of the time of day their child is to be picked up and/or delivered by the center. (5) When transporting children: (a) There shall be sufficient staff, excluding the driver, to meet the required staff/child ratios (OAR 414-300-130) for children age six weeks to 30 months. When there are more than six preschool age children in a vehicle, there shall be at least one caregiver in addition to the driver. When only school age children are transported, the driver may be included in the staff ratio; (b) Children shall be transported only in sections of vehicles designed for and equipped to carry passengers; (c) A seat that fully supports the passenger shall be provided for each child; (d) All children, shall be transported in accordance with ORS 811.210. The child safety system and safety belts shall comply with ORS 815.055 and the standards adopted by the Oregon Department of Transportation. A child under four years of age and weighing 40 pounds or less shall be in an approved child safety system; (e) Infants, toddlers, and preschool age children shall leave the vehicle on the same side of the street as the building they will enter; (f) Drivers delivering children to their homes shall not depart until the child has been received by an authorized person;and (g) No child shall be left unattended in a vehicle. (6) An operator shall maintain a written plan for transportation. SPECIAL PROGRAMS 414-300-360 Night Care A center providing night care to children shall meet all the requirements for child care centers contained in OAR 414-000-300 through 414-300-440,except for OAR 414-300-150, 414-300-290 through 414-300-320, and OAR 414-300-340(2)(e). In addition, the center shall comply with the following requirements: (1) Staffing: (a) During the hours of night care, the required staff/child ratio shall be maintained in the center; and (b) There shall be at least two staff persons present at all times. At least one staff shall be awake at all times. 36 • • (2) Safety: (a) No one shall be allowed to enter except authorized persons including, but not limited to, the child's family, persons authorized by the parent(s), staff, CCD certification representatives, fire safety officials, and sanitarians; (b) The center shall provide staff training for evacuating sleeping children in an emergency;and (c) There shall be emergency lighting in each room used by children. (3) Activities: (a) The center shall provide a program of activities for children according to their ages, interests, and abilities; (b) There shall be quiet time activities, such as story-time, games, arts and crafts, and reading, for each child arriving before bedtime; (c) There shall be toys and equipment available to meet the needs of children in night care; and (d) There shall be an activity area away from sleeping children where the awake children may engage in activities. (4) Sleeping Arrangements: (a) Space shall be arranged so that children may go to sleep at various times, based on their age and need for rest; (b) All sleeping rooms used by children shall have two usable exits. A sliding door or window that can be used to evacuate children may be considered a usable exit; (c) Each child who spends the majority of his/her sleeping hours per night in night care shall have a bed and mattress, or another sleeping arrangement that provides adequate support to a child's body with a waterproof cover and of a size appropriate to the age of the child: (A) Cribs shall comply with OAR 414-300-210(3); (B) The upper level of double-deck beds shall not be used for children under 10 years of age,and (C) The upper level of double-deck beds may be used for children 10 years or older if a bed rail and safety ladder are provided. (d) Each child who does not spend the majority of his/her sleeping hours in night care shall have a crib, cot, or mat with bedding that complies with OAR 414-300-210; (e) No children shall share a bed; (f) Each bed occupied by a child shall have sheets, pillows, pillowcases, and blankets; and 37 • • • (g) Bed linens shall be changed upon change of occupant,or at least once a week. (5) Personal Hygiene: (a) Each child shall have an individual washcloth, towel, toothbrush, comb or brush, and sleepwear; (b) Children staying the night shall have the opportunity to bathe and brush their teeth: (A) There shall be at least one bathtub or shower for each 15 children. Bathtubs and showers shall be equipped to prevent slipping; (B) When bathing, showering, or brushing teeth, children shall be supervised by staff; (C) Privacy between the sexes shall be maintained for school age children; (D) Tubs or showers shall be cleaned after each use; and (E) Glass shower doors or glass tub enclosures shall be constructed of safety glass. (c) Children who attend the center for the evening hours,but do not spend the whole night, shall have an opportunity to sleep, if needed. (6) Meals and Snacks: (a) Each child present at the time the evening meal is scheduled shall be served a meal; (b) A nutritious nighttime snack (OAR 414-300-270(4)) shall be available to all children in care; and (c) Each child present at the time breakfast is scheduled shall be served breakfast, unless the parent(s) specifies otherwise. 414-300-370 Get Well Care A center providing Get Well Care shall meet all the requirements for child care centers contained in OAR 414-300-000 through 414-300-440, except for 414-300-150, and OAR 414-300-290 through 414-300-320. In addition, the center shall comply with the following requirements which apply to Get Well Care provided as a single primary service or as a component of a child care center: (1) A child with symptoms or diagnosis of illness which would exclude the child from a regular day care center program, as defined in OAR 414-300-220(1), shall not be admitted or retained in Get Well Care, except with the written approval of the local health officer. (2) A center that wants to provide Get Well Care to children excluded under section (1) of this rule may request an exception to the requirement. An exception will be granted by CCD only under terms and conditions which are agreed upon in advance by the Health Division or the county health department. 38 • • (3) The operator shall have written information available to parents and the public which describe: (a) The services offered in Get Well Care; (b) Admission procedures;and (c) Procedures for emergency medical care. (4) The number of caregivers and group size shall be determined by the number and ages of the children in attendance. (a) Six weeks and under 30 months of age: One teacher for two children,or one teacher and one teacher aide for a group of three or four children. No group of this age range shall exceed four children; (b) Thirty months through 12 years: One teacher for six children, or one teacher and one teacher aide for seven through twelve children. No group of this age range shall exceed twelve children. (5) Space Requirements: (a) Children shall be cared for in an activity area(s) used exclusively for Get Well Care; and (b) There shall be separate toilet and hand washing facilities unless waived by the Health Division or the county health department. (6) Staff assigned to provide Get Well Care shall not be responsible for children from any other component of the center at the same time. (7) The center shall require the parent(s) to provide a written plan which: (a) Includes the name and telephone number of the children's doctor;and (b) Describes the special needs, medication(s), and daily regimen needed by the child. (8) The director shall notify the parent(s) immediately of any significant change in a child's condition and obtain instruction regarding the action to be taken; (a) The director shall obtain emergency medical treatment without parental instruction if the parent(s) cannot be reached immediately or the illness or injury is such that there should be no delay in getting medical treatment. (b) Staff shall call the parent(s) immediately when a child's condition worsens to the degree that it may exceed the level of care for which the center is certified, and shall request that the child be removed from care as soon as possible. (9) Staff shall monitor each child throughout the day, according to the written plan (per section (7) of this rule): • (a) Staff shall keep a written, daily record for each child. The record shall include the date and time of each evaluation including, but not limited to: (A) Temperature; 39 • • (B) Amount of food and fluid intake; (C) Activities such as amount of sleep and rest, play, and behaviors; and (D) Medications administered. (b) Information about each child's progress shall be shared with the child's parent(s). (10) The center shall provide a variety of daily activities designed to meet the needs of each child including, but not limited to: (a) Quiet and active indoor play consistent with the developmental level, ability, and physical condition of each child; (b) Rest and relaxation; (c) Eating; and (d) Toileting. (11) The center shall use disposable diapers or a diaper service for children who are not toilet trained. 414-300-380 Swimming Activities The following requirements apply to swimming/water activities provided on the premises of a child care center or group child care home, or off the premises by another organization, public or private: (1) The center or group home operator is responsible for making the requirements of the swimming facility known to all child care facility staff and any other persons working directly with the children. (2) The operator shall comply with the following staffing requirements: _ (a) For a group of one to fifteen children who are non-swimmers,for every child or group of one to thirty children who are beginner swimmers,and for each additional group of one or more non-swimmers and/or beginners, participating in any swimming/water activity, there shall be at least one person (may be pool or child care facility staff or a volunteer) who meets the following qualifications: (A) Holds a current American Red Cross Advanced Life Saving or Lifeguard Training Certificate, YMCA Senior Lifeguard, or equivalent; (B) Has completed cardio-pulmonary resuscitation training that includes infant and child resuscitation; and (C) Is familiar with the safety equipment at the swimming facility. (b) The number of staff with the children shall be determined by the ages of •the children, their swimming ability, the depth of the water, and the type of activity; 40 • • (c) In addition to child care facility staff, parents, volunteers and, in some instances,pool personnel may be counted in meeting the required staff/child ratio. Pool personnel may be counted for: (A) Instructional swimming; (B) Recreational swimming when the child care children are the only persons in the water; and (C) Recreational activities in which there are persons other than the child care children in the water, but pool personnel are working directly with the child care children and have no other • responsibilities; (d) All persons counted in the staff/child ratio shall be: (A) Able to swim if the water is more than 48 inches deep; and (B) Dressed for swimming. (e) For recreational activities, at least one child care facility staff shall be dressed for swimming and in the water area with the children; and (f) The applicable staff/child ratio specified in Table 4 shall apply to all water activities, including wading activities provided off the premises of the child care facility and when child care children are not the only persons in the water. A child care facility that provides water activities on the premises, and child care children are the only persons in the water, may request an exception to the staffing requirements as specified in Table 4. Table 4 Staffing Requirements Water Depth under 18 inches Non-Swimmer Beginner Age of Instruction Recreation Instruction Recreation Child Under 21/2 1:1 1:1 1:4 1:1 years 21/2 to 1:6 1:3 1:6 1:6 4 years 4 to 1:6 1:4 1:8 1:10 6 years 6+ 1:10 1:8 1:10 1:15 years 41 • • • Water Depth 18 to 48 inches Non-Swimmer Beginner Age of Instruction Recreation Instruction Recreation Child Under 2 1/2 1:1 1:1 1:4 1:1 years 21/2 to 1:6 1:2 1:6 1:6 4 years 4 to 1:6 1:4 1:8 1:10 6 years 6+ 1:10 1:8 1:10 1:15 years Water Depth - over 48 inches Non-Swimmer Beginner Age of Instruction Recreation Instruction Recreation Child Under 21/2 1:1 1:1 1:4 1:1 years 21/2 to 1:6 1:1 1:6 1:5 4 years 4 to 1:6 1:1 1:8 1:7 6 years 6+ 1:10 1:8 1:10 1:15 years (3) For the purpose of this rule: (a) "Beginner swimmer" means a child who, as a minimum,has mastered the skills required for an American Red Cross Beginner Swimming Certificate or YMCA Guppy Level or Ray Level Certificate; (b) "Non-swimmer" means a child who has not mastered the skills required for an American Red Cross Beginner Swimming Certificate or a YMCA Guppy Level or Ray Level Certificate; and (c) "Wading" means water activities in which the water's depth is no higher than the child's knee. 42 • (4) The child care facility operator shall provide verification to CCD that a swimming pool or wading pool operated by the facility complies with the Oregon State Health Division's Public Swimming Pool Rules (OAR 333-60-005 through 333-60-225). (5) A written medical emergency procedure with current emergency phone numbers shall be posted in the swimming area or shall be available in writing in the possession of a child care facility staff person in the swimming area. All staff shall be familiar with the procedure. (6) There shall be first aid supplies in a designated place in the swimming area, or in the possession of a child care facility staff member, available at all times during any water activity. (7) Wading is the only water activity permitted in moving water (e.g., rivers, creeks, ocean, bay). (8) If children with developmental disabilities participate in swimming activities, the child care facility shall make reasonable and prudent modifications of these requirements, based on the special plan for an individual child (OAR 414-300-040 or OAR 414-350-060). 414-300-390 Drop-In Care A Drop-In Center shall meet all the requirements for child care centers contained in OAR 414-300-000 through 414-300-440, except for 414-300-150. In addition, the center shall comply with the following requirements which apply to Drop-In Care provided exclusively for drop-in children as a single primary service or as a separate component of a child care center: (1) The child care area used for Drop-In Care shall not be used by the children from any other component of the center. (2) Staff assigned to provide Drop-In Care shall not be responsible for children from any other component of the center at the same time;and (3) The planned attendance for a child in Drop-In Care shall not exceed two full days per week,or twenty hours per week. 414-300-400 Parent Cooperative Child Care (1) A cooperative child care program which operates for more than four hours a • day shall comply with the requirements for child care centers contained in OAR 414-300-000 through 414-300-440 except that, under certain circumstances, an exception (OAR 414-300-020) to rules relating to the requirements for the director (OAR 414-300-080) and teachers (OAR 414-300-100) shall be considered by CCD. (2) When an exception to a rule is requested by a cooperative child care program, CCD shall consider the: (a) Ages of the children in care; (b)• Hours of operation, and (c) The type and extent of training the children's parents receive before they provide care or operate the center. 43 • • SANCTIONS 414-300-410 Denial of Application The Child Care Division may deny the application for a child care certificate if the applicant is unable, unwilling, or fails to comply with: (1) Rules for the Certification of Child Care Centers (OAR 414-300-000 through 414-300-440); or (2) Rules for the Certification of Group Child Care Homes (OAR 414-350-000 through 414-350-250). 414-300-420 Suspension of Certificate (1) The Child Care Division (CCD) may immediately, and without prior hearing, suspend the child care certificate when, in the opinion of CCD, such action is necessary to protect the children from physical or mental abuse or a substantial threat to health or safety. Such action may be taken before an investigation is completed. (2) CCD may restore the certificate if the condition(s) that resulted in the suspension is corrected. (3) If the operator does not request a hearing, and the condition which resulted in suspension has not been corrected, the certificate shall be revoked (OAR 414- 300-430). 414-300-430 Revocation of Certificate (1) The Child Care Division may revoke the child care certificate when an operator fails to comply with: (a) Rules for the Certification of Child Care Centers (OAR 414-300-000 through 414-300-440); or (b) Rules for the Certification of Group Child Care Homes (OAR 414-350-000 through 414-350-250). (2) Grounds for revocation are: (a) Inability or unwillingness of the operator to operate the child care facility in compliance with certification requirements; (b) Aiding, abetting, or permitting a violation of any provision of these rules; (c) Operating or maintaining the child care facility in a manner which is harmful to the health, morals, welfare, or safety of children in care; or (d) When there is evidence that would be grounds for denial of a certificate (e.g., conviction of child abuse). (3) Revocation of a certificate shall occur only after an operator receives notification of deficiencies, has been given adequate time to make corrections, and has failed to do so. 44 i . • • (4) An operator whose certificate has been revoked shall not be eligible to reapply for three years after the closure of the child care facility. 414-300-440 Notice of Sanctions (1) When a decision has been made to deny an application or suspend or revoke a certificate, CCD shall give written notice to the operator. (2) The notice as a minimum shall include: (a) Statement of the matters asserted or charged with reference to the statutes or rules with which the operator does not comply; (b) Effective date of the action; (c) Statement of the operator's right to a hearing; right to be represented by counsel;and the number of days allowed to request a hearing;and (d) Statement of the authority and jurisdiction under which the hearing would be held (ORS 183.413 and 657A.350). (3) If necessary to protect children, CCD may give public notice of action taken. The type of notice will depend on individual circumstances. 45 • • i APPENDIX A Day Care Requirements of Other State and Local Agencies In addition to these rules, all persons who are planning to operate a day care center in Oregon will need information from the following sources. 1 . State Health Division School and Day Care Facility Immunization Handbook These rules apply to all day care centers and group day care homes. You may request the handbook from your local health department or from the State Health Division, 1440 S.W. 5th, Portland, 97201, 229-5534. 2 . Planning and Zoning Laws* Day care centers are an allowed use in some areas, a conditional use in some areas, and not allowed in some areas. Contact your local planning and zoning office as soon as you have selected a site or building to determine if day care is allowed in that location. 3 . Building Codes and Fire Safety Requirements* If you are constructing or renovating an existing building contact your local building codes agency about building and occupancy requirements. If you plan to use an existing building you must also request an inspection from your local fire district. It is advised not to purchase or lease property until it is known that the site and building will meet planning and zoning, occupancy and fire safety requirements. • • • APPENDIX B Health Division Dishwashing Rules These Health Division rules are referred to in CCD OAR 414-300-260. They are reprinted here for your information. Rule 333-154-020 MANUAL CLEANING AND SANITIZING (1) For manual washing, rinsing and sanitizing of utensils and equipment, a sink with not fewer than three compartments shall be provided and used. Sink compartments shall be large enough to permit the accommodation of the equipment and utensils, and each compartment of the sink shall be supplied with hot and cold potable running water. Fixed equipment and utensils and equipment too large to be cleaned in sink compartments shall be washed manually or cleaned through pressure spray methods. (2) Drain boards or easily movable dish tables of adequate size shall be provided for proper handling of soiled utensils prior to washing and for cleaned utensils following sanitizing and shall be located so as not to interfere with the proper use of the dishwashing facilities. (3) Equipment and utensils shall be preflushed or prescraped and, when necessary, presoaked to remove gross food particles and soil. (4) Except for fixed equipment and utensils too large to be cleaned in sink compartments, manual washing, rinsing and sanitizing shall be conducted in the following sequence: (a) Sinks shall be cleaned prior to use. (b) Equipment and utensils shall be thoroughly washed in the first compartment with a hot detergent solution that is kept clean. (c) Equipment and utensils shall be rinsed free of detergent and abrasives with clean water in the second compartment. (d) Equipment and utensils shall be sanitized in the third compartment according to one of the methods included in 333-154-020 (5) to 154- 020 (6)(d) of these rules. (5) The food-contact surfaces of all equipment and utensils shall be sanitized by: (a) Immersion for at least one-half (1/2) minute in clean, hot water at a temperature of at least 170 degrees F; or (b) Immersion for at least one minute in a clean solution containing at least 50 parts per million of available chlorine as a hypochlorite and at a temperature of at least 75 degrees F; or (c) Immersion for at least one minute in a clean solution containing at least 12.5 parts per million of available iodine and having a pH not higher than 5.0 and at a temperature of at least 75 degrees F; or (d) Immersion in a clean solution containing any other chemical sanitizing agent allowed under 21 CFR 178.1010 that will provide the equivalent bactericidal effect of a solution containing at least 50 parts per million of available chlorine as a hypochlorite at a temperature of at least 75 degrees F for one minute; or (e) Treatment with steam free from materials or additives other than those specified in 21 CFR 173.310 in the case of equipment too large to sanitize by immersion, but in which steam can be confined; or • • (f) Rinsing, spraying, or swabbing with a chemical sanitizing solution of at least twice the strength required for that particular sanitizing solution under 154-020(5)(a) through 154-020(5)(c) of these rules in the case of equipment too large to sanitize by immersion. (6) When hot water is used for sanitizing, the following facilities shall be provided and used: (a) An integral heating device for fixture installed in, on, or under the sanitizing compartment of the sink capable of maintaining the water at a temperature of at least 170 degrees F; and (b) A numerically scaled indicating thermometer,accurate to±3 degrees F, convenient to the sink for frequent checks of water temperature; and (c) Dish baskets of such size and design to permit complete immersion of the tableware, kitchenware, and equipment in the hot water. (d) When chemicals are used for sanitization, they shall not have concentrations higher than the maximum permitted under 21 CFR 178.1010 and a test kit of other device that accurately measures the parts per million concentration of the solution shall be provided and used. 333-154-030 MECHANICAL CLEANING AND SANITIZING (1) Cleaning and sanitizing may be done by spray-type or immersion dishwashing machines or by any other type of machine or device if it is demonstrated that it thoroughly cleans and sanitizes equipment and utensils. These machines and devices shall be properly installed and maintained in good repair. Machines and devices shall be operated in • accordance with manufacturers' instructions, and utensils and equipment placed in the machine shall be exposed to all dishwashing cycles. . Automatic detergent dispensers, wetting agent dispensers, and liquid sanitizing injectors, if any, shall be properly installed and maintained. (2) The pressure of final rinse water supplied to spray-type dishwashing machines shall not be less than 15 nor more than 25 pounds per square inch measured in the water line immediately adjacent to the final rinse control valve. A 1/4-inch IPS valve shall be provided immediately upstream from the final rinse control valve to permit checking the flow pressure of the final rinse water. (3) Machine or water line mounted numerically scaled indicating thermometers, accurate to ± 3 degrees F, shall be provided to indicate the temperature of the water in each tank of the machine and the temperature of the final rinse • water as it enters the manifold. (4) Rinse water tanks shall be protected by baffles, curtains, or other effective means to minimize the entry of wash water into the rinse water. Conveyors in dishwashing machines shall be accurately timed to assure proper exposure times in wash and rinse cycles in accordance with manufacturers' specifications attached to the machines. (5) Drain boards shall be provided and be of adequate size for the proper handling of soiled utensils prior to washing and of cleaned utensils following sanitization and shall be so located and constructed as not to interfere with the proper use of the dishwashing facilities. This does not preclude the use of easily movable dish tables for the storage of soiled utensils or the use of easily movable dish tables for the storage of clean utensils following sanitization. iii • S (6) Equipment and utensils shall be flushed or scraped and, when necessary, soaked to remove gross food particles and soil prior to being washed in a dishwashing machine unless a prewash cycle is a part of the dishwashing machine operation. Equipment and utensils shall be placed in racks, trays, or baskets, or on conveyors, in a way that food-contact surfaces are exposed to the unobstructed application of detergent wash and clean rinse waters and that permits free draining. (7) Machines (single-tank, stationary-rack, door-type machines and spray-type glass washers) using chemicals for sanitization may be used, provided that: (a) The temperature of the wash water shall not be less than 120 degrees F. (b) The wash water shall be kept clean. (c) Chemicals added for sanitization purposes shall be automatically dispensed. (d) Utensils and equipment shall be exposed to the final chemical sanitizing rinse in accordance with manufacturers' specifications for time and concentration. (e) The chemical sanitizing rinse water temperature shall be not less than 75 degrees F nor less than the temperature specified by the machine's manufacturer. If the chemical sanitizer provides a free available chlorine residual,then rinse water temperature may be reduced to 55 degrees F (13 degrees C), provided that the concentration of free available chlorine residual is 100 ppm, the pH of the sanitizing rinse solution does not exceed 10.0 and the sanitizing rinse solution contact time is at least 10 seconds; or 40 degrees F (4 degrees C), provided that the concentration of free available chlorine residual is 100 ppm, the pH of the sanitizing rinse solution does not- exceed 8.0, and the sanitizing rinse solution contact time is at least 15 seconds. (f) Chemical sanitizers used shall meet the requirements of 21 CFR 178.1010. (g) A test kit or other device that accurately measures the parts per million concentration of the solution shall be available and used. (8) Machines using hot water for sanitizing may be used provided that wash water and pumped rinse water shall be kept clean and water shall be maintained at not less than the temperature stated in this section of these rules. (a) Single-tank, stationary-rack, dual-temperature machine: (A) Wash temperature 150 degrees F (B) Final rinse temperature 180 degrees F (b) Single-tank, stationary-rack, single-temperature machine: (A) Wash temperature 165 degrees F (B) Final rinse temperature 165 degrees F (c) Single-tank, conveyor machine: iv • • (A) Wash temperature 160 degrees F (B) Final rinse temperature 180 degrees F • (d) Multitank, conveyor machine: (A) Wash temperature 150 degrees F (B) Pumped rinse temperature 160 • degrees F (C) Final rinse temperature 180 degrees F (e) Single-tank, pot, pan, and utensil washer(either stationary or moving- rack): (A) Wash temperature 140 degrees F (B) Final rinse temperature 180 degrees F (f) However, the temperature at dish level shall be no more than 10 degrees F lower than the temperatures required by 333-154-030 (8)(a) through 333-154-030 (8)(e). (9) All dishwashing machines shall be thoroughly cleaned at least once a day or more often when necessary to maintain them in a satisfactory operating condition. (10) Home-style dishwashers are not approved unless modified by the manufacturer or factory representative to meet specifications of water pressure, water temperature, and of cycling control in this rule. Domestic or home-style dishwashers or machines modified by persons other than the manufacturer or an authorized representative of the manufacturer shall not be used. V h 6 r> � �4 ' " d;, -t4 t '� ,*j apc.' t f v., '41*, a -',,,,,'-• "';: a' 1.> `qj fFf,� w-4'" �' $,fir' -a 4';...''''k- r ..." • , ,„y�.x,tc'w:4'hc'+, ',kr.,ke``:•r....+* a`.-, ,,-?>,t ia, i'tld' t T.f, , , . . i • a t.. t,.;.-_,. . • • . :' a 4 . • .. ___.. .. _. .. ... ♦.- 4a'i .. - ,d ' >Pi .iii•: , n - . '" • 'CCD 132 Rev. 1/96 . . : • • i E. -74PPLIG4TlOA/ NoTh5 ,, - r: - -_" •, '161'F3i hrSt.'SE-�, _ ite2 4' : '1- -- • • _ ..4 .. }r,. Salem,OR-973 0 1- Land•Planniri and ment Services,.' (503) 316-1842'',•-= :•- • N 1VIITTA L• :RA S 'T E• .,:A�..ril2�1, 1999. - :a- '.r r ,- ' , T : `Cit Y•of.Ti gard' :`,:-;• .�, . ' , ' '• Planniri Department,'� ; 41i'� D live ed` e �t: �Y. f's a• , t 1' st. 1x X11' ,5i• - lJ� .Br•` 'hri os , R'. ': F �Jo � °�F O 1VI •:RE'` ''Pre-A« lica• •n,Conference:for,Code:Text Change'Request•.' :1 •' pp „_ :r • - .z5 !r, . - + 7. • .r i - + , ,G. _ e fcn'e ;1�. `Y {i'' ,Enclosed is'tie�$240: re a lication-conferencefee..,' ep rop os o� hag tie•C i ty,s _ . ;;•n '-I H zones,'J.Also enclosed "�;. .•'zoniri* code�text�;to allow da`•'care'ceriters.in't�fie'I-P;`L La d ,,. . h`win- �fi'ow�other•-'<.,- �=a '': a` ,are'two'.co ies,ofa�riarrafive d•escribin the`issue��.a;com arison\matrix,s o, g • _- , ,V• 11'df the.City s'zonin .ma - " 'cities r_e`ulate;these:uses�iri-indusfrial-zones; and�'a portio .o , y g p , `showing`the indust rial southeast art'of Tigard-2-', ' - _ .e:' • -• ril -a' _ l rinri• corisultant�`:"I`re re`sent.indust a This'is�riofa�site=specific�applica'tion ,-As the�•p a g -, _ p - -• z••` n' Milton 0,'Brown and=com�-anies. . '.; -properties•,in tfie'City;ofTigard ow ed.by. p ",: i nee.�� -,.,,,•.:.,,,,,,,,,,' r'ass sta rc•for ou �h nk,you o T a o , Y Y _ - Y :1,' L tip .. - , LB. t .. -. . . '' 's' J-. ter, - J .a' . xT 0 .,:,,,....„,;:;,...,,...,,i,„....‘,.„,,;-:-.:-., ,-7.,,(PO,..rt,..#11, ...-,,:„.,,.,,,-.•,,,., .,,_tee'•;..';/---:•hf.j:•':a..r1,,ogo,; .,.1-9,_0.P ,s,,,a-:?.•......-,,_.-;.,.-_.-..._,i-0;.:A.06ia. '--ft.,' •Al---51--- , ". •::.-..,';--,•.,:".4"'";'.;.`•-•-7.',2.: ,:-",'„;-.-,::',.-.,4,2:',. rir''diten Ideated ter is '''':`:'''''''iriall:achadt"- •-•<:.•7';:l'..",-'•:,..-,.-2-,,.••,..•,...--,-,,t.,.,:..:::.:..,,.,.:".,,,,, :.-.6Vettlrtri."0:initeS,.ar:°':-4.01-`1k-cDdi:a*ce-is.aii ill11391-ta•P,7 --.'! ,-_,-;', -...;;;:::.---:-;-;,„:_•.'-:-.-, •:,-.-:..-.;:,;.,,, ,,...: 'R.,Roberts H rk ob �1VIa - •1'1 6'' 1999` `y -s' ,t p �3 a' e a. . ".g. - 4 ih* rin' Cte's` f-'N' lio rn'Industrial�Zones:�o a 7f,',-;-,...-..:.,:.-. - Da :Ca'reCerite s. g g {-A�- ,..-,,,..•, - c.'''''''' fix '+ ih , i wh c abut " i •i n ncludiri ''Durham��or•Kin`.C t• "�The�zoruri eodes''of fhe=four:ma•'or,c t -l''''''''''( o g g- y). 1. : r.,. '::• ..' •,;' the.Cit •-of:T'i ard.were com ared;'as•theyrrelate to•day:care,centers iri:industrialzones ;"�� 1 iri and�Lake'Oswe o: , • �Those'�four'cities:are Portland Beaverton, Tua at g ',••- „ 4 f(: P• `rt a d 0 _ j 11 ll. r.' 11' r;ed"as -�E? h `'h �a e a o D "are. `As kick t e h"� it "of=Portland,ahese=uses'.are called." a�c , _ 'Iri�'t e qty. ,, .y, Y _ F n 2 "l` :me t 'n'"r•'1 Em o- iri Portland's'EGl .General Em lo. ment''1 EG2. Ge e a ,. �outriglit�uses :(, _ p .Y,. ) (' .P Y, )�.:,�' n The are a e_rmitted'as conditional uses",in'that 'cif r_s °t� =and:EX^:(Ceritral::Employment) zo es , •y p _ y � _ ri 1 2 .and,lB -Hea Industrial .zones::. :' IG 1'. General Industi ial l-;.I-' - ' .°'''' ;Indust la l- ) _ •(, vy •) n'.i i" rial uses�in:• 3- . r uses'wh ck-'are 3'OOO:.s ft:::'' 4 -ss"inffloor-�area'do-not-'ie uire co d-. o a: r IH Ee 1I2 0 _f, h`"I G o �t e G ,, iri ria"in�'the.Gif' of,Eortland s•iridustrial zones. o ire:; ::F� `The conditional,use�approval c te. _ .y, r y _ :-�a:." iri here r nit nded.to,; romote reservation of land'for:indizst while'allow of • :.uses,a e e .P.. P. rY. g l' h r•.n trimenta to't e. ` �da care"uses.when'_tfie'` .are su `ortive"of tlie'indu'strialarea o of'de �.r.. .. .'125 I �r•v l�criteria'are� 33815•. character of the industrial:area: The ., o a ., .„ Ai' The io Osed lise Vill-,tiot!have si',,ii'lcant:irdvei•se"e V ects on iieai'b",'indus -: Iu•nis,'• . � �_� � f ff y f _• •.sa el :su,• 'ot"tits .1the pro osed=use`in !B: `The."traitsportcrtioii'systeni;is:capcible of f y pp ,g p � '•{• •, ••.additu n to.'the evistitt'" rises airthe area, Evaluation cictoi s incliide'street ca'achy'aitd ;.,, , '_ .; -",,.;`' '•; >:: `< : e cii tei ials ti atisit availabili. ott-street 'ctrkirt street acts,'lot:` :: ,: :' : ';';= _` lei el,of sei t,tce;"access to ty, p ,g,._ p'. boyhood itii'acts `and edestrian.'sa e -Zi- '- i '-* ''''' '"tei.is neigh p p_ fry; 1--2,-.,'..::•.!"• :7;:-;;1::::-.;':•;.•ii::.::-..., ..,.-: "haractei o f the•C�-` Tlie,� °o os`ed.useivill-.rtofsi ii icazttl. alter�theo�ercill.-'iitditsti•ial•c " f r areci'based ott`the.existin =o OrtiOit'O lildtistrial-and;non-1 ndu5ti'ial: ises'chid•:the'":.'-:.` , .., , f;',•:i.':.',,: -.',:.,.. e ects o iriciemenial'.chan es ' D.'`.'The:'"ro` osed iise'Wee' eeds to'lie'-located•iri,the'.iiidtistriiil aiea:o"r building because `'=` °','aitiliistrial- .inns.or"th'..''. plOyees:constitirte.the --i imai 'ritarket of the proposed vse;. .: k :,,,;..:- . .� y p y.• acid:. E~;City-designated.scenic'i.v.;soui-Ces:a-te preserved. .": -. .- �':` ••'-' " r• tp.: - 11 � 4u � ors' _ - 1 'r t. NIa rk�Rob'erts __ v:t pril 1'6 1999 �P '-3� -• a e g r `ori B ave t The'Cit 'of-Beaverton,defines'nurse da 'or•`child care-'facilit', :as .`rovidr ca e o•n ` i�'n foraeven'or.'more:children- onMcrtt�x dunn ,a 24'=hour'`'eriod:=`As'such ;" ;:'...',.,,:,±-,:,1: ' - =compe sat o ( ) g p _ 'r i� utri 'ht'uses"in eaverton:s"IP :Industrial-Park'.and LI,:L ht•they„are.pe m tted.as`o g g• : 'm Indu str a•n ri 1'zones.:- 20:15:.10 A 1"7 .and•.2015:•1'S A� 19 �In.the CI'�Ca 'us s `I dust a `� ( .)(. .).,. - ( )(.. )�'� ,. p r' r h n 60/ of the land area:in:a :zone;.the' are'permitted so'lori as`the .are.'.use no• eafe t a o i f•evelo menu control area. „ These are':the•only three industrial zones iri'ahe''C qt :o d p: y Y:•�c# :z ..•- - 1"IX r- v n' 011'MQt 'Bea errto • `f ilii` `�r ' nw �f r;•�he �e ac t es" ''�Iri�BeaVertons.code!secton,60:4b:25' there are.`s ecial�re u eme is o_t s r r • p. n ,. - , f1;00 f ;` ' `'. f: .�'wherever`tlie •a-re�located:..�The.outdoor "la area'iiiust;have a.iriinmuin�o sq:=ft`o , _ K' 'h • fencing- t 1 area for.eve- ;fI/3 of the totalylieensed"ca`acit''of chrla '' ": :The:n la`:area as 1. aY: .ry P •Y It . t ' : v `r' ir• ..'.h a�a `l•� li .. ri e�f I`r 40•or more children"-ma be. .e u ed to a •requirements':.'F�aci roes ce s s o Y. - q _ - •,;:� . f ri er vehicles;�for.the u ose`o .drrvewaydesigned:-for.confinuous:forward"flow o ,passe g ,p p n� r in. hil re . iri' ii nload ?�c d l d a d=it oa . . � <: g g - ,•'y l by - T 1 iri uaat h.1' z niri de i'n ri e• this same:use as�a Child..Da�.Gare Ceriter� o •co •r �The�.Crty,:of Tualat desc b s ry ( _ g - _ age 31`-.6.°definitions ".These:uses are.allowed.outright'In°all three'of.that city's ndust a '.���� ••`zones.:. Those zones�are;Nlti;`I;i ht:�lNlanufacturin ; MG;.General;lVlanufacturi g.a d ,. g g " h in'h MP'and lV1L;zones exterior.walls '' r: •:Manufacturing'Pack:•-.Th-eronly stipulation=is t at t e ,• ' ' ''and:outdoor pla areas shall'be a minimum of`400'feet fromrthe:exterior wall and: um .. '; - P -Y. p.. p islands:of;an .:automobilerservice''station "irres•ective`of:an`r Structures in between' O,1 Y p ,Y. M Cdl"7>Y k . L''a e.Oswe o _ _ _ �•., 'sue _ - -_ ;,� ',.::t...2.: - :'..::.,•'.-- :' - -,The:Cit?:of Lake,Oswe go. does '''.p.' ot define the-`size and,kind'.of day'care centers that are r: "•part"of this city code:comp arison:;'Lake Oswe o onl defines.facilitiestbat re ularl .°.p Y. p. g ,.Y;r, g Y. ,. •accommodate:12 or fewer lcl ildren: All other day'care:facilities:are;considered'in the : ::::.,•.."':.*::'1.•,'",.'":...;:.:',.1.,.....:, .. : broad.cate 'o of. 'institutional uses " Lake:Oswego has•very little'industrial'zoning as a-• g r'. -_ .,.., ='per`centage`9f total'city area.-They have two industrial zones. These are called'Industrial (I)'and Industrial par. (IP): .Institutional uses are not;permitted as outright or'conditional' , ,,;`:::-.....:..i,:,..:i:,.,::.:,....::::: :::,,,::,:_:,:..,1:::.,,,,.: .uses.in'these,two zone's., - `,_•. , i • • t " ' „:„''..-:,-..;.„.•••'..,:',-..-_::::-:'.,.;" _ h j e . t'” 1VIa k-R ob.erts' t "Ln.r r r: �•1� 4 •ri1:16 99 .p Y •f• ��Pa� e . g ''S _ 'r f`' Il - h"rites" - �t e C - :•'Tw' ther-'cities rare'added Ito the.com a arison_�-.Because'of,the'lar e`size�b:`.�O e 'o 0o P g '( _Y g _ h• mil r�f �iliti s:. -•.h_vJ -v/ra s a ac e•standards.--these cities a e°see . „ J. `S` 1• C•lm•: _ -Sae •.? r r : • r vi • lild'•ca a-o r' n' r'as'a-facilit ':whicli'. o des"c•. ��,� The Cit' :of':Salem defines�Child Day Ca e�C�e to y. sp ,=� �:�' kindergarten for.l'3 or'more:childre'n: Salem has four industrial'zone classifcations. 'Tlie„ -. arecall'ed�Industrial°Business Campus' IBC `.Indu'strial;Park 'IP' Gener al"Industrial IG' $°-- :::; . ri``h ?r 'n •'r`-as�out t' and-'Intensive.Industrial: II :That Cit �'allows'Child.Da�`''Ga e.Ce to s -`;�•.,"....:1;:i.:- ., : 1• in" `r.",,.: z nes: `" iri.all, r dust a o �es a ou ermitted r us p. ;° ri . z'ne called Industrial:Commerciah.which allows a:mixture o '' �Salem.also has'a, .hyb d o r- r n a 11 wed'as:outri ht.or onditional'uses in. _ ' •different'uses: .Child Day 4Care'Cerite s;-a a o''' o g- ,a ,t , i' `l r•zone. _ _•h 'rtcua t atr a p - Gresham in -ni -rvi es - r-'�F ilities are:re' ulated�b.`�the=Cit 'of•Gresharn as •Gomriiu t`•�Se c ���� �Cliild Ca e ac -.: u ri'. r li m,li s ;Article`VIII S ecial Uses. 8.01.00 "of their T and Deve,, ment-Code:�:G es a a i h `In trial. LI "and' three;industrial`.,zones:,'the :'are called Business:Park` BP');I. t, dus ,( ) Y g , Heavy`Industria HI' i:: -.- . 'ti'. hild:care facilities for'::13'or more children are.allowed'in all three'industrial zones ' h c i 's.T" �e'III, Communit Services ap ro.val 'rocess::-This T, ;e"II . rocess tliough't of c fY Yp _ Y_ 1?p p" YI? ? r is e'ssentiall a conditional use but'is'heard b Gresham''s Plannin Corimmis_sion'rather"than'-`.'.; heir•'Land Use Hean s�Q ce . , •' Day.Care'Centers as:Land,.,V:.s__e-.:-i:s _.•:.1 s.reco gnized that the City of Tigard=n9-longerhas-a'large_ _4' y.`of.vacant or.under- : utilized,'land zoned.for industrial'uses: This isllocally-important from a tax base Y .-standpoint:'.The`general understanding is that residentially zoned land.demands more' ';' • ,• 'services than.it generates;in-property taxes, and commercial:and industrial land`demands'. :. : . ,< :• :;'.'>' 4' C♦ ' v.l �f Ma rksRob'erts r pril 16''-I99 5 g Pa : •'':,,.'":'•tr L 'Y''' , : _ taxes for those businesses:.How-tin t • ,Iess�'servi'ees than are generated in'propert . r. •'h 's:Kindercare Learnin~ Tree and:Tutor:Time' ` familiar-'child aycare,cente s suc .a g _ - h . a:' n ne:acre in''size.'.`As, rivatebusinesses •t e t` ically.;occupy'sites'of less...tha o p:, , Y;p Y: Ypr: rt .taxes•;ust,like.industrial`bu'sinesses .In'fact;,since:thert" ical`;day'care:center.:'.:;:- ' ''''1)1:9139'''Y J. Yl? ,;. ..... pa "more in �.l. r de':construction and'details'�`�.these`busiriesses ofte - �buildrig:is'commercia g a _ ,- - p,Y "• now,• Mowed _ it real°r�ro 'ert im''roveinents.tlian..mari:�industrial"uses o ;a ;- :properfy.taxes on the p p y p.r Y. ., V,, ri l zones: 'in t a hr e dus ��� •i rd t e .in�T �a s g 'F J�� - 'fit' l,- n` .,,r io as 'li sari e -m tro'o t r see:u "almost,all cities-in the e :` �, :'Children refl. care center,uses are ,y _ p g lr ra a eas.�• •f•iri ust , "ort ive`o d msii ,. p p• :1 - '` 'ue�o fhi'h:' ' re�centers�'are`efficientl �used•`beca ��;" T 'ieall "the.'sites<used"by'children•.day ca y. ,._. _ , g . iri s: r bus es 'i•i' �n re'of,tlie�ehild ca e' land values and'the com et t ve atu ,.. P , . i• • ,L .,, i Co m�gat b�lif Issues.. ., p t wn n ' -i l�: e` e '' `care�centers�'and.other`iridustr a ,us s . „the - . - Com�atibility between childrenf day , _ z nes ``is handled extreinel well"b:.Ithe:• • centers are:allowed fo'locate iri'industria o y y „ r.;,`A'center that is located'near:another use ` '" -; '; .'competition,of-the'private•business'secto ,� - ' h r:'it'is:`ineoni atible or'onl"• erceived as incompatible e;-will:riot succeed in'the, • whet e p y•p p. n' i'"ns.for' agents. wThis:situation= is so ; ; ;, :marketplace which`has otherchild:care locatio .opt o p iri owners that'there are no of these.kind of=iricom a.'tible ',2;,':':;: '; : ”' • obviousao'th'ose,bus ess o examples, P .metro olitan.area. This'is not,because.of zonin land:uses inahe southwest Portland p. g'.• - h ws,da`..care`centers°are usuall;. - • , ' 'codes;;because�as'.the'survey`of•other c_ity;cod`e, s o , y _ .y _ .- _�� allowed'in industrial zones, `There:are no incompatibility.issues"because'of practical; ;:-, ecisionS'of d'a =care center owners'' 7,...,::-.,,,business d y n mess leaseswith one land.owner`.there`is ' • z. :Iri industrial,park's wliere.there'rriayYbe:ma y,.bus - an additional protection against incom atible;uses,;'exercis'ed b -'the:property,owner to:-�`. "rotect=his/her'existin .tenants P g r; _ t, .y '.n.. n' r':a 7 h 'Mark o ,- - - ril:-1 6 .1:99 9R p. 2P. -e 6 a g ,. tx J. S. n , � �Indusfrial Zo es - Effectof�Excludin .�Da: Care:Facilities in�Tigard, s g.^ Y �� Ss st ? i:ce.l• "t . nr ` ze Ls, - sedi .loc`a te d.in the...-...1 tyr o f . : r' eee�ma•orit `of indurial lan� ' s Ceek a rid�t he;. _rVry;little:t vacant '' . E .•, . out aern Ti rdriswhr ' h J. Y IS `Hi� iwa �-217-..Fanno.ar the laidbounded=b - = ; ; 'and:,I-H zones.r•�� Ti ard.• In artu i " ru.thr n Cit Y linuts"of Tg allow''.. �` oer , ' tis,area haa othe ' aoduridgolim'.oiacteodn:db n oI T1.Iu s PeC .i`n��ari•y•of,tHese three'.zories" T n - ;t;- - , . - c liasnnd of an :kiridi ri : islo•Y sed.in:that:a rea us eda Y. ; : :.• .r:' o : he. ity.of Ti a rd'now'dos no ` his r'children Ada Y-"car ,c•en ernaer ar_ryl e' o ulation of er-soris. mp. : ra'df Elie Cif y of Ti a rd;" _;;- - , hfae ;t hafa_ is,despte te. , s t..i ,rt i o' now °. . ;;°crefacilitiesfor their-ce : `one.da Y:-care uebca`ue ofthe.rer co ns _ -• •• e' 'C dsu epp orted b even ,'' livildr Te,'.m:P4' n if ri : ndutrialae :; ry t a nd:cannot be . . . fou n d 'n t hC it : o . n ' he'zoniri limited vacaritlandiri'T'i and•the ractcal effect;of• cfian i t Because ofthe g p g .g g ,iri:;, 'n'w'.da� -care`busiriesses. - -'code�text-`will. robabl 'be;the�location'of one or 'ossib'1 ,two e y _ `� - i `vi T• 'des cr bed::f '{ r re ous �l'r e'iridustrial a ea g. P. I I1 , .J' n ,l SO Co cu - n da` care centers'are su •ortn a`o` ::. `T.Iie.Gi• :o.�Ti--argil, recognizmg;alzut�chil�re •y. ,pp. f.'� _ t3' f g industrial,areas,.should amen_dt ,zoning code'to•allow such:uses as-outright uses in" ,;; i and s l-L�tI-H and I'P zones:: •n Si e r.e 1Y ;'c` � • s 'AC P� ' � i - a .�:JohnT.'BroY> I = _ Jack Steiger" Jim Blackwell' - . `encl: Comparison>Matrix: :s - City of Tigard Zoning Map.(portion).. _ f :. _ f, • • Comparison: Day Care Centers* In Industrial Zones See text for *'s Zone City and Zone Abbreviation Allowed Outright Conditional Uses PORTLAND: General Employment EG1 X General Employment EG2 X Central Employment EX X General Industrial IG1 X General Industrial IG2 X Heavy Industrial IH X BEAVERTON: Industrial Park IP X Light Industrial LI X Campus Industrial CI X" TUALATIN: Light Manufacturing ML X General Manufacturing MG X Manufacturing Park MP X*** LAKE OSWEGO: Industrial I (Not specifically defined. General category of Industrial Park IP "Institutional Uses" not allowed in I or IP zones SALEM: Industrial Business Campus IBC X Industrial Park IP X General Industrial IG X Intensive Industrial II X GRESHAM: Business Park BP X Light Industrial LI X Heavy Industrial HI X TIGARD: Industrial Park I-P (Day Care Centers are not allowed Light Industrial I-L in any of the three industrial zones as Healy Industrial I-H outright or conditional uses in Tigard) 49 • cITA kir 1 1 k.J 4/....... ..) 0 , INC' .,. . • .. „,....„. sotalleast Irldustriti it i • • . () I1 `r 1, ..11 .' 1_ • _ ): t. 1 • • • . °Z ...: , • .xe-ri'i?f.''i • Ly,.• i e. • • Rte; r..;• - . • • • • { • N, • • • • . j.l:.ol•••fy•• • 3:t 5..4.:• .. 4 • • • • • :`•4s •-..--,.."-.; - _ tn , . ti S . •t ,w am- .3 •� 's' 161 Hig h St.' E 1• � . • Suite 20 sJ O S• le ▪ ' 7t c ' � x so3 : i6 i42 �.,�• LPl rni ' dDevelo Wien t' ervies � -• - and; an 'an _ 1 F E ss I: .. - 1, S' 7 • 1999. •A��ril'1.6 ,.. •'Ma rk Roberts` - - eti` nn'r fi, �e:Pla e Assoc at ,tt` 'Ti r _ • . f �,a d`.•. • �C it "o Y g •sR• . ` 1`=Blv -, :�:� 5' W'Hal d::`- •31-'2 .S -i' �1 - 7223 i R'9 , "I ��r .O — T �a d-� - g ��:- : - d � �� Amnnu ': :C `" •�C ente r iri = ��• .�• l emet'Re esfRe a rd iri Da ' a re'� Re 'sLe ilativeGode" Industrial•Zo nes° - .; i �D• i ea 'Mr: oe i ts - ;• . 4 p.;• . - - -+ < s �~ � 'l: - .1' .Lr 'Win ;Code-�. in` inf •rmation;su ortsja.re 'uest.to`amerid the'Cit '�of.Ti- a'rd�Zo .� • :•The:follow g o - t. PP �q, Y„the.g. g.- �,. <,...--, ..,,,,,f„.. ,.,;,..,:,-,:•:., r • centers'as:outri ht or conditional'use's:.in•the.Cit 's'three`industrial.-' :+• `'_�6 ,. ▪ �to,�allowchild,day'ca e, g y - j , h ;names l _. - -I=L nd I=H� -These`commercial da ��centers�known'.b' .such�bus ess .;..' • -:�,. •�zones.(I=P,, a �)r-�.. 'r - Y. , Y - Ill r r litan'area`as�IKindercate,.. ;earnin s,Tree`and 'Tut'or.Time :are:, `> in-the southwest et opo - , - ris' is tions,:whichj'reco' nize:that child care -allowed�in iridiistrial:zones"in-surrou•,,-.-.:5.g ju sd c g 'C''''''''. 1: 1, mpl` •ment.:`'J;,; 1'-�` ':centers:have-an.im ortarit�reasonto'be�located-near laces�ofindustria .e p oy .,. - s�: ''''t.' 'i h common' ` ,. ,. :-elof•othe'r••borderin `'cities, Ti`ard:=remains the;onl .:Cit :that Desp tea e ep. .. g. -,. g Y.�r �, �;:. f��.�� n h`it tir I=zo es. doesKno"t:'allow such uses'ina e t .ee , a G12�-5 . f G .. (�/fit 'r• , .i • - `s`, 1' _ *. '{VO' /nom' -,. - ..`„,;.---:,;f2. _ .S, t� _ - ▪ 'D.escri'•tioir_of.'Use Type�.�/�. ':,i•• In':the:Ti Ward Code;`then ses'are defined.as: ,Institutional Da =Care .which`i's.a'da care; f�'r1"\3` .'r'`morechildren• •Cha ter,18::130':Use Classifications••S'ection? • ,-facility operated o - o [ p .•` '' 18:130:020 A 5 c ' Ot_her;neighborin cities',call them Child Care'Facilities(Beaverton), '''-_ ',, -Chil'd Da Care Center` Tualatin Da Care Facility Washin ton County or Da care ..,--•:'..::::,-,!:,`..-;i,:',..,... .:'-':•;� '` (Portland)''-These'kind-of;da .care'centers typically' picallyoccupy.a,-.6. uilding;of approximately. ,`-, 7,000-10_,., :s q-uare feet'•with-a.2;000-3,000.s• ft. playground; a roximatel' 15,=25 �I n.. P. Ygr PP Y:.. K ' arkin s• aces, on.=a, total-parcel_size of 32,000..sq..ft-.`.to°38;000"isq::ft. ,In other:cities,`• ; . ' ' `•,' p g P hese•uses are very=Often located on:collect•or'or'arterial streets in.both-industrial'and; ,. ,i..,:.,7::::;,,-.;,_,..,? "t commercial zones:::.Oner.important locational.factor is that:many.:parents.spend part of:,: '. • - 'their.lunch hour or other' art-of the work day visitin- their.-child;:so proximity to.place of` -. ,,,' 4 'work-is`important..-to parents.; :Overall'trip miles are;reduc_ed.when thecenter'is located • near the place of.wor Close proximity to parents'work placeis an important locational : , factor in the.child care c er business. $ A ,..,?7,.,,.:,.,,:,.,..,,..,;:..:.,::: Cam' • :Mark-Rob;erts: ' s A.ri1-16 _1999; ry ra e.2. .;, Day'Care::Centers in Industrial.Zones of Neighboring Cities The:'zoning codes.of,the'four major'cities`(not`including.Durharri the Clt .Ti g and,were-,com r ared,',as They relate:to.day`:care centers In industrial:zon'es Y g . p Tho"se four.'cities:are Portland;Beaverton;:Tualatin and Lake Oswego. ': • •Portland ' `In:.1ieCit of Portland-:these uses are called"Day care:"r, As such,'they are all owe d'as. •' outright uses in Portland's'EG .(General'<Employment 1), EG2'(General'Employment•2); , ` and;EX• Central Employment)'zones` T'he'`are'' ermitted as.conditional uses in.that city's ' IG;1'(General Industrial 1);,IG2 (General Industrial'2),'and,IH(Heavy Industrial'):zones:, Daycare;,uses=which are 3;000.sd ft: or less'in floor:.area do not.require conditional.uses in ' • the:IGl' 1G2.or..IH'zones: . The:conditional use'approval criteria in the.City of Portland's:industrial'zones'for Daycare,;' :'uses are.intended to;promote+preservation of;land for industry while llowing..other (daycare)uses:when-they-_are supportive of'the industrial-area orrnot detrimental.-to the ,character of the industrial`area: -The approval criteria are:(33:815.125)::. . A:°.The proposed use will not-have-signi ficant adi'ei se.effects;on llealby illdustr'icrl frrnls; • B: :The transportation..system is.capable of.safely supporting the proposed lrse>in • - •.•addition to the existing• uses:"iri•thearea., Evaluation factors include street capacity.and, level of sel Nice,.crcce.4s''to rn°lericllS, tiara,t availability; eet'parking`inlperets;";lot . access.re mrenlentsnei hborhood.im acts arid'•edestri"art sa e G ZI1e" ra osed use will not significantly alter:the overall-industrial,character'o the ,area;:based on the existing'pi oportian of industrial and nary-i idllstrial lines and,the•effects of iricrenlcital i changes;r - • D. The proposed•rise heeds'to be"located iii the industrial area or,buildmg because ' ` • .-.1nduSt1•lalfrnls or,their employees constitute.:the priniaiy`market Oft he pi•oposed'use; •',:•' • • E: `City-designated•scenic.re.sources ate preserved. 1Vlark Roberts` 'Aril 16 .1999 w - ' Beaverton Y' s The City of Beaverton'defines>nursery, day or child care facility:as providing care for; .' compensation for,seven or more children (*oirMatrix).rduring.a 24-hour"period.'`As they_are permitted as outright•uses'in Beaverton's;1P, Industrial Park°,and'LI, Light.?' '` r '`r� :Industrial'zones. [20:.1'5 1.0(A)(1Z) and'20.15:15(A)(19)]: .In the CT,Campus Industrial: . zone, they are,permitted:.so long as'they are'uSe no•'greater than:60/9.0f the>land'area_.in"'a "develo nient control area-.",`';These'are•.the only•thr-ee-.industrial`zones in'the.city:of,:;' • • Beaverton,' **.ofn'71%Iatrix .. In.Beaverton'`s code'section.60.40.25,..fhere are's ecial requirements,for these facilities;'.; wherever they,are The outdoor,play area,must:have a-minimum of 1'00_sq?.ft.:of r play areaTfor:every:1/3 Of the total licensed capacity',of children.":.The,play area has fencing " .:.. requirements.: Facilities licenses for:40-or more. children may be required to have . , :::` driveway designedfor'continuous forward flow:of'.passenger.,vehicles;for,the purpose'Of ';:. loading and'unloadin children:- Tualatin-, The City°of Tualatin describes=this'same use as a Child Day Care Center:(zoning code:. ,:`, 'page 31-6, definitions) These uses-are allowed-outfight in'all three:.ofthatcit'y's industrial_'' zones:' 'Those zones are ML, Light Manufacturing MG, General Manufacturing and:'MP;' ' ,• •• u Manufacturing Park,,' The only stipulation is,that in.the MP and ML zones;`exterior walls ' ;- _, and outdoor,:play areas'shall.be a minimum'of 400 feet from'the exterior wall and pump islands.of-any-automobile'service'station,.:irrespective`of.any.Structures;in'between'(*** on :Matrix : .' • -- - • Lake•Oswego . The-City-of Lake Oswego.does-not:define the size and''kind of day.care centers.that are :n :--.., part of this city code comparison., Lake,Oswego,only defines.facilities that_regularly - • accommodate:12 or:fewer children:. All other day are facilities are-considered inthe - broad.category of "institutional uses." -Lake,Oswego has very little`industrial zoning as a" : : : '` • percentage a of total city area The `have-'two'industrial•;zones.: These are called_Industrial • p g ' Y _ Y (I) and Industrial Park.(IP). .Institutional uses are not permitted outrighfor_conditional - - :uses'in these'two zones. ' • Mark Robert's = A Aril 1.6,-`1999 ; •'Page•.'4' ' ; Oth'er Cities Two other cities are added to the comparison -Because•,of the large size'(by Oregon, standards);.these cities rhave''several.similar facilities. Salem. •: ,T::; TheCity_of Salem defines Child Day`Cafe:Center"as a facility-which'provides childcare oi: . kindergarten'for:13 or;more children:',:Salem has four industrial`zone'classifications ':They are called Industrial:Business:Campus,(IBC) Industrial`,Park`(IP),:GenerahIndustrial(IG), andantensive Industrial,(II)., That'Cityallows'.Child'Day'Care•Centerssas Outright;.,. ' • ermitted uses in all four industrial zones.; ' r Salem also',has a•"hbrid"•z one•called'Industrial"Commer-cial, which,allows.a mixture.of`. different uses: Child Day Care Centers are not''allowed as,outright or conditional uses'ihi :'that" articularzone:~.` 4' fit - • • M; . Gresham, Child Care Facilities are by the city of Gresham as "Community Services" iri Article VIII,."Special:Uses" (8,01.00),of their Land Development.Code.• ,Gresham has, .„ •• three industrial;zones• "'They are called.Business Park BP: Light Industrial= LI and ' ` Heavy Industrial.(HI): a ' :•-• Child care facilities for 13'.or more children are:allowed`in'all three industrial zones , •'through that.city's'Type III, y, I,'Communit :Services approval process; This Type III.process ; :is essentially a'conditional:use; but is heard:byGresham's•Planning°Commission rather.than.: . :their.Land Use.Hearings•Offcer: _ ' •• Day:C are Centers as Land•'`Users ; ' - • It is recognized-.that;the City of Tigard. longer has a large-supply of vacant or.under:---. `t_•• -'3 • -utilized land zoned for industrial uses:- This is locally important from a,tax base , r . _ _standpoint.--The general understanding is that residentially zoned land demands:more! services than.itgenerates in property`taxes, and commercial_and.industrial land demands • t= Mark Roberts April 16, 1999, : --,• less'services than are generated;in property taxes.for those-businesses. 'However, the familiar,child daycare;centers suchas Kiridercare,,Learning,Tree;,and Tutor Time typically occupy`sites:of less than one:acre in size. :As;'private businesses, they,pay property:taxes just-like industrial businesses: .In.fact,,since the typical.d'ay'care'center,` •building is`commercial grade-construction and-:details,''these businesses often pay:more in: • .,. 'property taxes on their real ro ert imp rovements than many,in dustrial„uses now;allowed.` :in”Tigard's three industrial'zones: 1 - - Children daycare center..uses.are seen by.almost all Cities in the metropolitan region as - " • • supportive e•.ofindustrial areas - - `' .• j Typically the sites used-by children day:care`'centers'are efficiently.used, because of high':' • ' 'land values-and the competitive nature of the childcare:business. • Comp atibilit ':Issues' ompatibility between`clldre nd ay;care centers and other;industrial uses;-wheri.the, centers-are allowed;to locate in industrial zones;`is handled extremely'well'by the: - " competition bf.the private business sector A center that:is.located'near.another use; I' whether.'it is'incornpatible or only perceived"as incompatible,'will not succeed-in•the.. ;, � rriarketplace which:has other child care.location:options for parents:_.This:situation'.is so; •. :obvious to those business owners thatathere,are.no,examplesof these kind of incompatible�':=;::` . :'. :-' • ;".eland uses in the southwest Portland-metropolitanarea. This is not becauseof.zoning ,"• _ `codes;:becauseas,the survey of other"city code show's :day care:centers are''usually. • , allowed,in industrial zones."-There are no incompatibility issues because,of'practical business decisions of day care:center owners: `; ' In industrial parks where there may be•many business leases-with•one land owner; there'is . _ y ari additional-protection:against incompatible"uses:exercised by•the property owner'to• protect his/her existing tenants, " . . - Mirk Roberts , . r. . _ -,-,,-.'•g 'Effect of Excluding Day Care'Facilities:in,Tigard's4ndustrial Zones ' . Southeastern:Tigard is where the majority of-industrial land'is. located:in-the City of . � - . ` - Ti-ard: :In particular the land bounded,..by 1-5,Highway 2.17,,Fanno Creek and the : - • . southern City limits'of'Tigard•is'dom inated.by•`I=L,..I-P and I-H zones:,;Very'little vacant `? _.. s :1"and'of any."kind'in this-area has any other,zone:''The'City`of Tigard.now,does not allow ,•,` ••• children day care'centers as outright' . on itional.uses:in any of these three zones.- This" - - • is despite the•fact'that",'a,very large:population of persons employed in,that area use Clay'.. ..,, + s�C ' . • care facilities for their:children.''The'most'significant industrial,area:of the City of Tigard, ,. _ , •-? is not and cannot be;supported by,even-one.day care use because of • • the restrictions no __ `-, ` ...ire,- '` ' found.iri_the:Cif'Code: - - -, ;^• ,_ 1) use of the limited vacant,land in Ti 'ard;,the practical"effect oftchanging-,the zoning ' '' . code•text'will'probably be the location of'one:or possibly two new�'day care;busiriesses.in •.. 'the large industrial area •'reviousl .described. g p y i - Conclusion }` =The'•Cit •o .Ti iard,_reco in;zin1 `that dh,ldlren..day care centers are supl orhi,,e'of - • - • v h' .f g g g - ': industrial areas;,should"amend its.zoning code,to,allow'such uses as outright uses in ."'. ,::,, : : • Tigard's I L T; , I-H and I-P'zones.• • - ' ; . . . : .: ' Sincerel -: r- :. . -..,, , •-. „, . __ . • -- ., _ , :... .• . . . ---.tv•i: (-4 ‘4.. •■oo.„Lkit. , - ,,.... -,- , . r-2,..c4,44, .. -: ' John'L. Brosy, AICP . . °. .' GS, .. ,,,..7 ''6::''.:'.. ...Jack-Steiger: . _ •• ,g' (iv`- _ .•r. Jim Blackwell • •` " • :( cc.: ' . ',4e/re--t' t . ' :-t.` ' • ' end -Comparison Matrix - - . : ' , . • ' ' - . 'City of Tigard Zoning Map (portion) - ' .• ' - _ . • • Comparison: Day Care Centers* In Industrial Zones See text for *'s Zone City and Zone Abbreviation Allowed Outright Conditional Uses PORTLAND: General Employment EG1 X General Employment EG2 X Central Employment EX X General Industrial IG1 X General Industrial IG2 X Heavy Industrial IH X BEAVERTON: Industrial Park IP X Light Industrial LI X Campus Industrial CI X** TUALATIN: Light Manufacturing ML X General Manufacturing MG X Manufacturing Park MP X*** LAKE OSWEGO: Industrial I (Not specifically defined. General category of Industrial Park IP "Institutional Uses" not allowed in I or IP zones SALEM: Industrial Business Campus IBC X Industrial Park IP X General Industrial IG X Intensive Industrial II X GRESHAM: Business Park BP X Light Industrial LI X Heavy Industrial HI X TIGARD: Industrial Park I-P (Day Care Centers are not allowed Light Industrial I-L in any of the three industrial zones as Healy Industrial I-H outright or conditional uses in Tigard) LES'4itk4 lam. 20% - P : I Y Li I.. .NUN- kJ *s e < fin: E'� ..... .. • • ro j,. Z.i . : -ate:. ..k• i.t41.Q.a': .. 3< DURHAM PLANN i N6- 00MM 1s3 / OAJ • • CITY OF TIGARD PLANNING COMMISSION Regular Meeting Minutes March 6, 2000 1. CALL TO ORDER President Wilson called the meeting to order at 7:30 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125.SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Wilson; Commissioners Anderson, Griffith, Olsen, Padgett, Scolar, and Topp Commissioners Absent: Commissioners Incalcaterra and Mores Staff Present: Dick Bewersdorff, Planning Manager; Julia Hajduk, Associate Planner; Jerree Gaynor, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS The commissioners were reminded of their next TSP task force meeting on March 20th and were given copies of the TSP preliminary draft. 4. APPROVE MEETING MINUTES Commissioner Padgett moved and Commissioner Olsen seconded the motion to approve the February 7, 2000, meeting minutes as submitted. A voice vote was taken and the motion passed by a vote of 5-0. Commissioners Griffith and Scolar abstained. 5. PUBLIC HEARING 5.1 ZONE ORDINANCE AMENDMENT (ZOA) 1999-00003 — CODE AMENDMENT TO ALLOW DAYCARE CENTERS IN ALL INDUSTRIAL ZONES The applicant is proposing.a Zone Ordinance Amendment to change the City of Tigard Community Development Code to allow daycare uses outright or conditionally in all Industrial zoned properties. LOCATION: All Industrial Zones Citywide. ZONES: Light Industrial, I-L; Industrial Park, I-P; and Heavy Industrial, I-H. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Polices 5 and 12.3; The Metro 2040 Plan; and Statewide Planning Goals 2 and 9. STAFF REPORT Julia Hajduk presented the staff report on behalf of the City. To clarify the acreage figures reported in the Summary of Facts, she submitted a map which takes into account development restrictions due to flood plain and wetland areas that were not shown in the PLANNING COMMISSION MEETING MINUTES—March 6,2000—Page 1 • report. Total vacant industrial land is 147.97 acres and vacant industrial park land is 63.87 acres. Staffs recommendation is for denial of the request based on the limited amount of vacant .industrial land available for development. Numerous recent applications for development of industrial land show that it is needed and is being used. Additionally, daycare uses are already allowed for up to 20% of development in vacant industrial parks, as well as in existing industrial parks so long as the addition of a daycare facility does not exceed 20% when combined with other existing non-industrial uses. The Planning Commission should recommend to the City Council that the application be denied. Commissioner Topp asked how the 20% non-industrial usage is monitored. Ms. Hajduk said that they monitor it at the application stage for development revisions or new tenant improvements, but ultimately it is the owner/developer's responsibility to maintain that quota: If it came to staffs attention that 20% is being exceeded, then it becomes a Code enforcement issue. A list of uses showing calculations of the square footage of the various uses is requested with the development application. In the Code there is a list of uses that are allowed in the industrial park zone. In combination, non-industrial uses cannot exceed 20% of the industrial.development. The uses include eating and drinking establishments, daycare, general retail, personal services, and other non-industrial uses. APPLICANT'S PRESENTATION John Brosy, 161 High St. SE, Suite 204, Salem, OR 97301, is a planning consultant. He said this has to do with fine-tuning the existing City Code. Unlike surrounding jurisdictions, Tigard does not allow commercial daycare use in light or heavy industrial zones unless it is included in the 20% total non-industrial uses. Parents want daycare close to their place of employment. In Tigard the industrial zones are mainly 7 concentrated in the southeast quadrant where there is.little or no commercial, residential, or mixed use zones that do allow daycare use. The concentration of industrial zoning limits complimentary commercial uses such as daycare in close proximity to employment in the industrial zone and results in a large area with a lot of employees who cannot be close to a daycare facility. This makes the area less competitive for businesses recruiting family-age employees because it requires employees to travel additional miles in order to take their children to a daycare. Mr. Brosy used an overhead projector to point out the different zoning areas and to compare Tigard's zoning uses with other cities. Portland, Beaverton, Tualatin, Salem, and Gresham allow daycare uses either outright or as a conditional use in industrial areas. He said that daycare facilities are serving other areas of Tigard pretty well, but there is currently only one facility (Rocking Horse Daycare on Boones Ferry Road) in an industrial-zoned area. This facility's long waiting list points to a need for additional daycare in the area. Mr. Brosy believes staff is justified in its concern about protecting the supply of industrial land. However, daycare uses are an efficient land use because they typically are located on significantly less than an acre and are generally of higher value than industrial improvements. The pre-school age group in a daycare requires more indoor play space for security reasons, and a relatively small outdoor play area, which results in a good-sized building with adequate parking existing on a parcel of land that is only 30,000 to 40,000 square feet in size. When a daycare is established, others tend to not locate in the same PLANNING COMMISSION MEETING MINUTES—March 6,2000—Page 2 • • • area; therefore, if they were allowed, only a small number of daycare facilities would be added. This is a small, efficient, and complimentary use for an industrial area. Mr. Brosy elaborated on the positive effects of allowing daycares, using the Fred Meyer Corporate Center in Portland as an example. He said the applicant would like to see this use allowed outright in the IP and IL zones and as a conditional use in the IH zone. Commissioner Olsen asked how many children are in a daycare facility on average. Mr. Brosy said that Mr. Blackwell could answer that question. Mr. Brosy's information is . only about the average size of 35,000 to 40,000 square feet for a typical daycare facility. PUBLIC TESTIMONY - IN FAVOR Jim Blackwell, 2838 SW Orchard Hill, Lake Oswego, OR 97035, is the owner of the Wilsonville and Durham Learning Tree daycare facilities. This application results from his approach to an industrial landowner about building a daycare facility, due to the waiting list and demand in his current facilities. His and other facilities in the area are in very high demand. Their experience is that people want daycare close to where they work. He has been looking for a new location for three years and this is the first site he has found that combines proximity to both employers and residential areas, ease of access, and a school appearance with a good presentation to parents. Facilities that are built inside industrial improvements have not been successful because they were not intended to be used by both the employees of the area as well as local residents; a freestanding building that is not part of an industrial improvement is best. The site he is interested in meets these criteria and there are no other daycare facilities in the area. Daycare nearby is also an advantage to employers and has become a consideration as an employee benefit and a way to recruit new employees because it has become a high priority to employees. A daycare facility adds value to the development of surrounding businesses and their employees. In response to Commissioner Olsen's earlier question, the number of children enrolled in a daycare is determined by the square footage and set forth by the State of Oregon. The facility he is looking at would have 100 children, which is average for the area. Commissioner Olsen inquired about the hours of operation and parking requirements. Mr. Blackwell responded that it changes by location. Typically it is 6:30 a.m. to 6:15 p.m. His Durham facility, with 100 children, has 20 parking spots and in four years the parking lot has never been full. Commissioner Topp asked what the typical distance is between facilities. He pointed out that if the Durham facility has a waiting list, another facility could simply be built nearby. Mr. Blackwell said it is about five miles or less. An operation cannot become too large because of the level of operational efficiency and because parents prefer a small school to a larger one. Commissioner Topp posed a question to staff about internal daycare (within an individual company) being considered the same as commercial daycare and included in the 20% • allowed for non-industrial uses. Ms. Hajduk said that is correct. The Code does not PLANNING COMMISSION MEETING MINUTES—March 6,2000—Page 3 • H provide for daycare as an accessory to any company and therefore an in-house daycare, whether in the company's building or as a separate building, cannot exceed 20% of non-. industrial use in that company's development complex. This is something that can be addressed in this application review process. Commissioner Olsen asked for an explanation of how this system evolved and how much of Tigard's industrial land is currently developed. In response, it was noted that the purpose is the protection of industrial land for future development and that approximately two-thirds of available industrial land is already developed. Ms. Hajduk pointed out areas on the map showing land that is considered vacant or underdeveloped. All other industrial zoned land is either developed or has approval for development. In response to a question from Commissioner Topp, Ms. Hajduk said the distance from top to bottom is about 10,000 feet, or 2 miles. - President Wilson pointed out that Tigard has very little industrial land to begin with relative to other cities. Ms. Hajduk said this is acknowledged in the Comprehensive Plan, which was developed in the early 1980s. Commissioner Griffith asked if daycares are allowed outright in commercial and residential zones. Ms. Hajduk replied that the State mandates that cities cannot prohibit daycares of less than six children in any residential zone. Therefore, daycares of up to six children are permitted outright, and more students are permitted as a conditional use, in all residential zones. It is a permitted use outright in all commercial zones. The only areas it is not permitted outright is in the industrial zones, but are permitted up to 20% in industrial park zones. After a brief discussion it was determined that there are approximately 14 daycare facilities in Tigard, the majority of which are located by Pacific Highway (Hwy. 99). Commissioner Topp noted that a residence located in an industrial zone is allowed to operate a daycare of up to six children pursuant to allowance by the State. Commissioner Anderson asked what the philosophy is behind preserving industrial land. Ms. Hajduk said it is to ensure that land is available for industrial uses that cannot be located in other areas. The City is required to provide a certain amount of commercial, industrial, and residential land, and to keep a balance of among the areas. This is part of the statewide planning goals. Commissioner Topp commented that those standards for particular land use are now Metro's standards for job creation. Most cities try to balance it based on economic factors. President Wilson asked if industrial land provides more in taxes than they consume in services. After a brief discussion, it was noted that industrial land does provide more in taxes than residential, but not necessarily more than commercial land: Commissioner Padgett said that from a tax standpoint in general, industrial zoning is considered to be the "best bang for the buck" for the City. Despite the lower industrial tax PLANNING COMMISSION MEETING MINUTES—March 6,2000—Page 4 • • rate, the amount of services used (for instance, police and street maintenance) is generally much lower in ratio than for residential areas. Commissioner Anderson asked if a conditional use request could be made by this applicant. Ms. Hajduk responded that sufficient conditional use language has not been proposed and therefore staff was not in a position to make that recommendation. Dick Bewersdorff commented that the applicant could make that proposal, but he feels there is no longer value in the conditional use process in Tigard, and that such a proposal would not do any good, it would only be an exercise in bureaucracy. Mr. Brosy said this proposal would not be made if there were commercial alternatives for a location in the large southeast industrial area. He briefly discussed his understanding of the need to protect industrial land, the lack_of commercial alternatives in the area, and the value of this proposal to the area. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED Commissioner Topp said he was concerned that existing industry cannot have in-house daycare considered exclusive of the 20% limit. He believes a business should be able to have internal daycare because it is not a commercial use, and he would like to see if that can be remedied. However, he is only in favor of allowing commercial daycare if there is a restriction on the proximity of facilities to each other and on a facility's site being no more than one acre, thereby limiting the number that can be developed in the area. Commissioner Scolar feels that daycare would be a complimentary use and would make the area more attractive to businesses that may want to locate there. Commissioner Padgett said he agrees with the staff recommendation because this is a legislative hearing and is not meant to be project specific. There has been no request for this use from citizens or industrial area business owners. While he agrees that a business should be able to have internal daycare, he does not believe commercial daycare facilities should be allowed on the limited amount of land available for industrial development. There has been no evidence that companies are not building in the area or that people will not work in the area because there is no daycare. However, he would support some sort of measure allowing companies in all industrial zones to operate an in-house daycare for employees. Commissioner Olsen thinks daycare is a complimentary use and would benefit parents and families. Building a facility is a major investment and a prudent businessperson would not build a new facility in close proximity to an existing one, so the density would be self- regulating. He is in favor of this request. • PLANNING COMMISSION MEETING MINUTES—March 6,2000—Page 5 • President Wilson said he is a consumer of daycare services.. From where he lives, he must drive past all the industrial areas and go a fair extra distance to get to the daycare, so he recognizes the strong convenience factor to having daycare close to work and home. However, it cannot be said what people will do for convenience, because different people do different things. He said he agrees with Commissioner Padgett that this is a legislative matter and not a quasi-judicial one. The Comprehensive Plan states that there is a very serious concern about the amount of industrial land available. For this reason, he does not recommend this change to the Code.. Even though he does feel it is a compatible use and that there is a shortage of this service in that area, if it were not for the shortage of industrial land he would support the change. Commissioner Anderson said she agrees with President Wilson, and also agrees with Commissioner Padgett that something should be worked out so that existing businesses in the area are able to have an on-site facility that does not apply to the 20% limit for non- industrial uses. President Wilson stated that while the Commissioners cannot change the Code at this meeting, they must rule one way or the other for recommendation to the City Council. However, the Planning Commission can encourage the applicant to approach staff to further discuss this matter. Commissioner Topp commented that any resident can bring legislative action to the Planning Commission. This is not a site-specific request, but one with respect to a particular use, so he believes it is an appropriate legislative matter and not a quasi-judicial action. This is an opportunity to add this change to the Code and to direct staff to develop appropriate language for this and to hold another hearing. Commissioner Padgett responded that he is not sure he wants to ask staff to draft new language on allowing businesses that own their own building to be able to provide in- house daycare. He believes this should.go through the City Attorney because there are some legal issues that need to be addressed. After further brief discussion, Commissioner Padgett moved that the Planning Commission forward a recommendation of denial to the City Council of ZOA 1999-00003. Commissioner Anderson seconded the motion. Commissioner Griffith asked for comments and clarification regarding distances people travel to daycare and what daycare users consider a convenient distance. Upon further discussion, a voice vote was taken and the motion passed by a vote of 5-2. Commissioners Anderson, Griffith, Padgett, Topp, and Wilson voted yes; Commissioners Olsen and Scolar voted no. 6. OTHER BUSINESS None • PLANNING COMMISSION MEETING MINUTES—March 6,2000—Page 6 i 7. ADJOURNMENT The meeting adjourned at 8:35. // .41--/ .erree i aynor, Plan ng orfmission Secretary Ar OS ATTEST: 'reside ' Nick Wils • PLANNING COMMISSION MEETING MINUTES—March 6,2000—Page 7 • • x .fi -� 2F •>, "% �' ° " .m, p y iv .14%.,,T,V.V.,T,tw="41Z,,4\i, ..,,,$, " ,,.=„ '7*.t% 4,"•* ., "T• '' -:'",**V -,4"-'1-,, ' 144)/ :**41-111',141r". -'4,,t-iliit:::;,..:^-1 't-,,,i-„ ,'",,i4-P4 .:-.-J.40,-.-(.,i ^, - 1,'17,:,,/,4 .,�. 2 a� zc a e x s . �3 Ak„_1:114,!_.11- City of Tigard TIGARD PLANNING COMMISSION Co,vr�ouryDor MARCH 6, 2000 —7:30 P.M. Shaping Better Community TIGARD CIVIC CENTER - TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 1. CALL TO ORDER 2. ROLL CALL 3. PLANNING COMMISSION COMMUNICATIONS 4. APPROVE MINUTES 5. PUBLIC HEARING 5.1 ZONE ORDINANCE AMENDMENT (ZOA) 1999-00003 CODE AMENDMENT TO ALLOW DAYCARE CENTERS IN ALL INDUSTRIAL ZONES The applicant is proposing a Zone Ordinance Amendment to change the City of Tigard Community Development Code to allow daycare uses outright or conditionally in all Industrial zoned properties. LOCATION: All Industrial Zones Citywide. ZONES: Light Industrial, I-L; Industrial Park, I-P; and Heavy Industrial, I-H. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Polices 5 and 12.3; The Metro 2040 Plan; and Statewide Planning Goals 2 and 9. - 6. OTHER BUSINESS 7. ADJOURNMENT • Agenda Item: 5.1 Hearing Date: March 6.2000 Time: 7:30 PM '" o-° - .;?-;,'; �' .»Y"i.6 "T3.; "' %ji" t; . fig•:;v. ., ;;,Q , •; .p,e,V^.,ti.'" r:•,. ,n1.°; y' '.'"°;ys" �a ,;•.rc„s."ID =,`�. >.�.;,>-�r' e'1;..;, .;1�i..;-�,,;`.'�. _ :';e_f;: �-�i<., A STAFFREPORTTOTHE � ';. • " g t o n'' i PLAN NINGCOMMISSION P o aRD, ': ";- 'iry : • ;:;= � ;{ w, Community�Dev foment ,. • & 4 -FOR-THE"`CITY OF TIGARD,OR{ EGON s pingABetterCommunity SECTION I. APPLICATION SUMMARY • CASE NAME: INDUSTRIAL ZONES AMENDMENT CASE NO.: Zone Ordinance Amendment (ZOA) ZOA1999-00003 PROPOSAL: The applicant is requesting approval of a zone ordinance amendment to allow daycare uses outright or conditionally in all industrial zoned properties. APPLICANT: John L. Brosy OWNER: N/A 161 High Street SE, Suite 204 Salem, OR 97301 COMPREHENSIVE PLAN DESIGNATION: Industrial. LOCATION: All industrial zones citywide (I-L, I-P and I-H). APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380 and 18.390; Comprehensive Plan Policies 5 and 12.3; The Metro 2040 Plan; and Statewide Planning Goals.1, 2, 9, 12 and 14. SECTION II. STAFF RECOMMENDATION Staff recommends.that the Planning commission forward a recommendation of DENIAL of the requested zone:ordinance amendment to the City.C;ouncil..: STAFF REPORT TO THE PLANNING COMMISSION 2/23/2000 PUBLIC HEARING ZOA1999-00003 CODE AMENDMENT TO ALLOW DAYCARE USES IN INDUSTRIAL ZONES PAGE 1 OF 6 • • • SECTION III. BACKGROUND INFORMATION The applicant has proposed this zone change so his client can develop a daycare center on a parcel of land zoned Light Industrial. The parcel is located in the vicinity of SW Bonita Road and SW 72nd Avenue. This Industrial area is referred to in this report and the applicant's statement as the southeastern industrial area. The Industrial area near the Washington Square Mall area is referred to as the northern Industrial area. • SECTION IV. SUMMARY OF APPLICABLE CRITERIA Chapter 18.380 states that legislative text kamendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: • The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; • Any federal or state statutes or regulations found applicable; • Any applicable Metro regulations; • Any applicable Comprehensive Plan policies; and • Any applicable provisions of the City's implementing ordinances. Summary and Applicability of Statewide Planning Goals Statewide Planning Goal 1 — Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. Notice was mailed to all property owners of Industrial Land and notice was published in the Tigard Times prior to the hearing. In addition, after the hearing before the Planning Commission, additional notice will be mailed and published prior to the City Council Hearing. Two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Statewide Planning Goal 2— Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. STAFF REPORT TO THE PLANNING COMMISSION 2/23/2000 PUBLIC HEARING ZOA1999-00003 CODE AMENDMENT TO ALLOW DAYCARE USES IN INDUSTRIAL ZONES PAGE 2 OF 6 • • Statewide Planning Goal 9— Economic Development: The purpose of goal 9 is to provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare and prosperity of Oregon's citizens. This is accomplished in part by requiring Comprehensive Plans to provide an adequate supply of sites of suitable size, location, etc for Industrial and Commercial uses and to limit uses on or near sites zoned for specific industrial and commercial uses to those which are compatible with proposed uses. Statewide Planning Goal 12 - Transportation: This goal is intended to provide and encourage a safe, convenient and economic transportation system. This goal outlines how the transportation plans should be prepared and implemented. The applicant has cited this as a relevant goal because he believes that the permitting of daycare uses in Industrial zones will reduce vehicle miles traveled by allowing parents closer access to their children. Statewide Planning Goal 14 — Urbanization: This goal outlines the process in which lands suitable for development are included in the Urban Growth Boundary. This goal requires consideration of, among other things, the maximum efficiency of land uses within and on the fringe of the existing urban area, orderly and economic provision of public facilities and services and the compatibility of the proposed urban uses with nearby agricultural activities. This goal has been addressed with the adoption of the City's Comprehensive Plan. The Comprehensive Plan includes locational criteria for the various land uses. The locational criteria are discussed further in this report. Summary and Applicability of Comprehensive Plan Standards Comprehensive Plan Policy 5 (Economy): This section of the Comprehensive Plan addresses Goal 9 of the Statewide Planning Goals. After thorough analysis of the economic conditions, the findings in the Comprehensive Plan conclude that "...The City continues to experience thriving commercial and industrial growth; A core problem facing the City is lack of buildable land designated for industrial use; and The City's large industrial parks provide an ample supply of leasable space for smaller and younger industries." Comprehensive Plan Policy 12.3 (Locational Criteria): This section of the Comprehensive Plan identifies the locational criteria for industrial uses. The intent of the Industrial land use designation is to provide for the designation of suitable lands for industrial use, provide for economic growth and development, protect existing and potential lands suitable for industrial development from encroachment by non-industrial or incompatible uses; provide land for industrial use by type to minimize the impact on surrounding development; and take advantage of existing transportation facilities. STAFF REPORT TO THE PLANNING COMMISSION 2/23/2000 PUBLIC HEARING ZOA1999-00003 CODE AMENDMENT TO ALLOW DAYCARE USES IN INDUSTRIAL ZONES PAGE 3 OF 6 • • The Comprehensive Plan states: "Heavy Industrial Lands are areas intended to provide for manufacturing, processing and assembling activities. Uses within this classification are characterized by large buildings and large storage areas and having associated external effects such as smoke, noise, odor or visual pollution. Light Industrial Lands are areas intended to provide for manufacturing, processing, assembling and related office activities. Uses within this classification are of a size and scale which makes them generally compatible with other non-industrial uses and which have no off-site effects." SECTION V. SUMMARY OF FACTS There are no applicable federal or state regulations that need to be considered in this. request. There are no Metro regulations that need to be considered in this request. The Tigard Development Code Section 18.390 outlines the process for reviewing a Development Code Text Amendments and 18.530 identifies the uses allowed in the Industrial zones. Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The uses permitted in the industrial zones are in compliance with the locational criteria of the Comprehensive Plan. The applicant contends that daycare uses are compatible with Industrial uses because the employees would have a daycare location close to work, thus limiting excessive traffic and making these areas more attractive to employees with young children. The applicant has provided an analysis showing that several neighboring Cities have provisions that allow daycare in Industrial zones outright or with restrictions. In Tigard, daycare is permitted in every commercial zone, with limitations in residential zones, and permitted in up to 20% of the development area of a specific development in all Industrial Park zones. Industrial Park zones are the largest industrial zone in the.City and currently has the most vacant land (approximately 97 acres of I-P and 70 acres of -L). The vacant land does not fully take into account development restrictions due to increasing regulation to protect streams, wetlands and fish and many of the Industrially zoned lots considered vacant are adjacent to the floodplain and wetlands. Assuming the • 97 vacant acres zoned I-P are able to be developed, this leaves 19 acres that could potentially be used. for daycare uses if associated with an industrial development (as permitted in the I-P zone.). There appears to be a significant demand for industrial land in the City, as evidenced in 8 applications for new construction or expansion in industrial zones in 1999, equating to approximately 35 acres of land. In addition, There are 3 applications for development in industrial zones under review so far in 2000. STAFF REPORT TO THE PLANNING COMMISSION 2/23/2000 PUBLIC HEARING ZOA1999-00003 CODE AMENDMENT TO ALLOW DAYCARE USES IN INDUSTRIAL ZONES PAGE 4 OF 6 • • The applicant has requested that the use be allowed either outright or conditionally, however they have not proposed what parameters a conditional use for a daycare in an industrial zone should be reviewed under. The City could not process a conditional use application for a daycare in an industrial zone without ordinance language establishing review criteria. The applicant states that, by allowing daycare in industrial areas, auto vehicle miles traveled will be reduced. The applicant has provided information on daycare as follows: They tend to occupy less than one acre. Because of the desire to be near places of employment, the use is complimentary. They state that based on the distribution of daycare centers in other cities, only 2 or 3 new businesses would be expected to locate in the southeast industrial area if the Code were amended. Typical sizes are 7,000-10,000 • square feet with 2,000-3,000 square foot playgrounds and 15-25 parking spaces. SECTION VI. STAFF ANALYSIS The staff recommendation is based on several factors. First and foremost, staff is assuming that the Planners, citizens and City Council members that worked on the original Comprehensive Plan and Tigard Development Code, as well as subsequent updates, had a purpose for allowing and disallowing the uses they did in each zone. Notwithstanding that, it is also accepted that omissions are made in use classifications and amendments may be needed to allow uses that should have been included in a particular zone.. In this case, however, the daycare use is permitted in the Industrial Park zone as long as it does not exceed 20% of the development site. Staff agrees, and the . fact that daycare and other compatible uses are allowed with some size limitations acknowledges, that this use can be compatible with industrial uses. Just because there is not currently a large amount of daycare centers in the vicinity does not mean the City should change all Industrial zones to allow daycare outright, especially since, as inventoried, industrial land is in short supply in the City. The I-P zone has the largest supply of vacant land. In addition, while staff agrees that daycare centers close to the job site may be in the best interest of the parent, child, employer, and environment, it is not agreed that it is compatible with all industrial uses nor should it be permitted outright in all industrial zones. The summary of other neighbor cities restrictions (conditional uses, location restrictions, and zones in which daycares are not allowed) confirms that they too, do not feel that all industrial areas are suitable for daycare uses. The I-P zone is a light industrial/office zone that is really most suitable for this type of complimentary use. The applicant has not proposed conditional use language for staff to consider supporting allowing this use conditionally in all zones. . STAFF REPORT TO THE PLANNING COMMISSION 2/23/2000 PUBLIC HEARING ZOA1999-00003 CODE AMENDMENT TO ALLOW DAYCARE USES IN INDUSTRIAL ZONES PAGE 5 OF 6 • Staff Recommendation: Because of the limited amount of available vacant industrial land and because the use is already allowed within limitation in the I-P zone, staff is recommending that the requested Code change not be approved and the Code remain as is. Other possible considerations Amend the Code the allow the daycare use outright in I-P zones instead of being limited to 20%. A problem with this is that it would still use limited Industrial land for a use that is not industrial. A Conditional Use process would not provide for disapproving a daycare facility in an industrial zone, it would just set standards that would have to be met in order to be approved. SECTION VII. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS City of Tigard Long Range Planning Division has reviewed this proposal and that there is very little vacant industrial land left in the City. Why is daycare anymore a necessary service than say, a 7-11, a dry cleaners or any other use for the convenience of employees? DLCD, The Oregon Department of Transportation, and Metro Land use and Planning Growth Management have all had an. opportunity to review this proposal and have offered no comments or objections to the proposed zone change. • • February 23. 2000 PREPAR BY: Ju • Hajduk DATE . Associate Planner C fit,/ February 23. 2000 APPROVED BY: Richard B rsdorff DATE Planning anager is\curpin\julia\zoa 1999-00003.doc STAFF REPORT TO THE PLANNING COMMISSION 2/23/2000 PUBLIC HEARING ZOA1999-00003 CODE AMENDMENT TO ALLOW DAYCARE USES IN INDUSTRIAL ZONES PAGE 6 OF 6 • • TOHN L. BROSY High 161 Hi Suite te 204 04 Salem,OR 97301. Land Planning and Development Services (503)316-1842 Supplemental Information City of Tigard File ZOA 1999-0003 Legislative Code Amendment Request Re: Day Care Centers in Industrial Zones The legislative code change proposal to allow day care centers as outright or conditional uses in industrial zones in the City of Tigard conforms to pertinent City of Tigard Comprehensive Plan, and Statewide Planning Goals in the following ways: Tigard Comprehensive Plan • Volume II, of the City of Tigard Comprehensive Plan entitled "Findings, Policies & Implementation Strategies, is a decision-making consideration under TMC 18.390.060(G). That document includes Section 12.3, Locational Criteria/Industrial. Please note that Section 11, Special Areas of Concern does not include any policies or strategies that would be affected by the proposed code change. Implementation item 3 under 12.3, Industrial, states: "Protect existing and potential lands suitable for industrial development from encroachment by non-industrial or incompatible uses." Our application explains that the average commercial day care center only occupies less than one acre, and because of the desire to have day care facilities near places of employment, such land uses are complimentary to industrial areas and should be seen as supporting the viability of the large, existing industrial areas in Tigard by making those industrial areas more attractive to employees with young children. Many parents of very young children visit those children during the work day, so proximity of day care to employment centers reduces vehicle trip miles. The application material already submitted indicated that the average day care center business occupies less than one acre. They do not pose a significant threat to the supply of industrial land. Please refer to the City of Tigard zoning map. Other than the large amount of I-P, I-H and I-L zoned lands as shown on the City zoning map (portion)included in the application, there is only one other area of industrial zoning in the entire city limits of Tigard. This is the smaller area running along the SPRR tracks and Tigard Avenue northwest of Hwy. 99, and including the Koll Business Center on the Tigard side of Scholls Ferry Road and the area extending to south of Hwy. 217 and west of Greenburg Road. Distribution of day care centers in other cities suggest that if the code is amended, the City of Tigard may ultimately expect, at the most, only two or three new day care businesses in the southeast industrial area as shown on the map included in the code amendment request. • • Supplement to ZOA 1999-0003 Page 2 • Because that other industrial area described above is smaller and narrower, and there are other sites nearby that would also allow day cares as outright or conditional uses, it is not ..likely that any more day cares will be located in that area in the foreseeable future if the code were changed as proposed. Much of that other industrial area has the added • constraint of the Fanno Creek flood plain. . Although not specifically noted in the Plan's_policies for industrial lands in Tigard, it seems prudent to encourage complimentary, supportive land uses such as day care centers that reduce vehicle trip miles on the transportation network, and that are desired by employees of industrial areas (see Statewide Goals, below). Metro Metro's Region 2040 Plan does not have specific policies_or code issues that relate to the • kind of complimentary land uses that should be permitted or otherwise encouraged by Tigard in its industrial districts. This was confirmed by senior planners of the City of Tigard and Metro. • Statewide Planning Goals . Statewide Goal 9, Economic Development requires Comprehensive plans for urban areas to: "(3.) Provide for at least an adequate supply of sites of suitable sizes, tykes, locations, and service levels for a variety of industrial and commercial uses consistent .with plan policies." While the City of Tigard has a very successful and large, competitive southeastern area devoted to industrial uses, employees with day care-age children must travel outside this large.area for day care services. This is because of the large concentration of industrial zoning that now do not allow day cares as'either outright or conditional uses. Day care should be considered a valuable, complimentary land use for high quality industrial areas of Tigard. Their locations are now unnecessarily restricted by the City of Tigard Zoning Code. • Another requirement for Comprehensive plans in Statewide Goal 9 is "(4.) Limit uses on or near sites zones for specific industrial and commercial uses to those which are compatible with proposed uses." Similar language exists in the Tigard Plan. The highest • level of compatible use is one that is actually also complimentary to the primary mission of the area, which is industrial. Day care businesses located suitably close to large employment centers are desired features for the employees of an industrial area, and thus, the competitive health of Tigard's industrial areas. • • • . • • • • • Supplement to ZOA 1999-0003. • Page 3. • • Statewide Goal 12 is Transportation. Oregon Administrative Rules (OAR) include Division 012, Transportation Planning, and the Transportation Planning Rule (TPR), which implements Statewide Planning Goal 12. The first sentence of the purpose section= of the TPR(OAR 660-012-0000) is: E . • • "The propose of this division is to implement Statewide Planning Goal 12 . • (Transportation) and promote the development of safe, convenient and economic transportation systems that are designed to reduce reliance On the automobile so that the air pollution, traffic and other livability problems faced by urban areas in other parts of the county y might be avoided..." . Later in the same paragraph, the Purpose statement continues: • • "This portion of the rule aims to improve the livability of urban areas by promoting changes in land use patterns and the transportation system that make it more convenient for people to walk, bicycle and use transit, and drive less to meet their daily needs. Changing land use and travel patterns will also complement state and local efforts to meet other Objectives, including containing urban development, reducing the cost of . public services, protecting farm and forest land, reducing air, water and noise pollution, conserving energy and reducing emissions of greenhouse gases that contribute to global climate change....'!. (emphasis,added) • One important decision-making factor for parents choosing day cares is proximity to place • of work. Allowing day cares as outright or conditional uses in Tigard industrial-zones that are significantly large concentrations of employment will compliment the purposes of the• industrial.zones in the City and will enable people to drive less vehicle miles and therefore reduce air pollution, conserve energy and reduce emissions. This effect is particularly evident for parents of very young children in day cares, as previously stated in this application. • The TPR requires Metro and the City of Tigard to adopt Transportation System Plans • (TSP's). One measurable objective of the TSP for Metro (of which Tigard is a part) is a 10% reduction in automobile vehicle miles traveled (VMT) per capita for the Metro area within 20 years of adoption of a (TSP) plan. In addition that significant objective, an additional 5% reduction of VMT within 30 years of adoption of the TSP is required through "subsequent planning efforts" [OAR 660-012-0035 (4)(b) and (c)]. • • • Supplement to ZOA 1999-0003 Page 4 This proposed amendment to the City of Tigard Code will help reduce VMT; for the reasons already stated. JLB • City Ofard : Total Industrial Aran Acres 5/4/99 ZONING TYPE OVERLAY ACRES I-P COM 184.51 I-P IND 5.77 I-P IND 53.17 I-P IND 12.54 I-P IND 215.29 I-P IND 79.82 551.10 I-L IND 14.32 I-L COM 363.71 378.03 • I-H IND 58.04 58.04 Total Industrial 987.17 There are approximately 160 parcels in Zones I-P, I-L, and I-H. . . • II - .. . ITY of TIGARD .. •• ...: ..-- . 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OHN L BROSY 1611gh St.sE • 1 • Suite 204 Salem,OR 97301 Land Planning and Development Services (503)316-1842 July 12, 1999 Mark Roberts Associate Planner City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Legislative-Code Amendment Request Regarding Day Care Centers in Industrial Zones Dear Mr. Roberts: The following information supports a request to amend the City of Tigard Zoning Code, to allow child day care centers as outright or conditional uses in the City's three industrial zones (I-P, I-L and I-H). These commercial day centers, known by such business names in the southwest metropolitan area as Kindercare, Learning Tree and Tutor Time, are allowed in industrial zones in surrounding jurisdictions,which recognize that child care. centers have an important reason to be located near places of industrial employment. Despite the common practice of other,bordering cities, Tigard remains the only City that does not allow such uses in their three I-zones. Description of Use Type In the Tigard Code, these uses are defined as "Institutional Day Care," which is a day care facility operated for 13 or more children [Chapter 18.130, Use Classifications, Section 18.130.020(A)(5)(c). Other neighboring cities call them Child Care Facilities . (Beaverton), Child Day Care Center(Tualatin), Day Care Facility (Washington County) or Daycare(Portland). These kind of day care centers typically occupy a building of approximately 7,000-10,000 square feet with a 2,000-3,000 sq. ft. playground, approximately 15-25 parking spaces, on a total parcel size of 32,000 sq. ft. to 38,000 sq: _ ft. In other cities, these uses are very often located on collector or arterial streets in both industrial and commercial zones. One important locational factor is that many parents spend part of their lunch hour or other part of the work day visiting their child, so proximity to place of work is important to parents. Overall trip miles are reduced when the center is located near the place of work. Close proximity to parents' work place is an important locational factor in the child care center business. • • • Mark Roberts July 12, 1999 • Page 2 Day Care Centers in Industrial Zones of Neighboring Cities The zoning codes of the four major cities (not including Durham or King City) which abut the City of Tigard were compared, as they relate to day care centers in industrial zones. Those four cities are Portland, Beaverton, Tualatin and Lake Oswego. Portland In the City of Portland, these uses are called "Daycare." As such, they are allowed as outright uses in Portland's EG1 (General Employment 1),EG2 (General Employment 2), and EX (Central Employment) zones. They are permitted as conditional uses in that city's IG1 (General Industrial 1), IG2 (General Industrial 2), and IH (Heavy Industrial) zones. Daycare uses which are 3,000 sq. ft. or less in floor area do not require conditional uses in the IG1, IG2 or III zones. The conditional use approval criteria in the City of Portland's industrial zones for Daycare uses are intended to promote preservation of land for industry while allowing other (daycare) uses when they are supportive of the industrial area or not detrimental to the character of the industrial area. The approval criteria are(33.815.125): A. The proposed use will not have significant adverse effects on nearby industrial firms; B. The'transportation system is capable of safely supporting the proposed use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, access to arterials, transit availability, on-street parking impacts, lot access requirements neighborhood impacts, and pedestrian safety; C. The proposed use will not significantly alter the overall industrial character of the area, based on the existing proportion of industrial and non-industrial uses and the effects of incremental changes; D. The proposed use needs to'be located in the industrial area or building because industrial firms or their employees constitute the primary market of the proposed use; and E. City-designated scenic resources are preserved. • • Mark Roberts July 12, 1999 Page 3 Beaverton The City of Beaverton defines nursery, day or child care facility as providing care for compensation for seven or more children (*on Matrix) during a 24-hour period. As such, they are permitted as outright uses in Beaverton's IP, Industrial Park and LI, Light Industrial zones. [20.15.10(A)(17) and 20.15.15(A)(19)]. In the CI, Campus Industrial zone, they are permitted so long as they are use no greater than 60% of the land area in a "development control area." These are the only three industrial zones in the City of Beaverton (**on Matrix). In Beaverton's code section 60.40.25, there are special requirements for these facilities, wherever they are located. The outdoor play area must have a minimum of 100 sq. ft. of play area for every 1/3 of the total licensed capacity of children. The play area has fencing requirements. Facilities licenses for 40 or more children may be required to have a driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading children. Tualatin The City of Tualatin describes this same use as a Child Day Care Center (zoning code page 31-6, definitions). These uses are allowed outright in all three of that city's industrial zones. Those zones are ML, Light Manufacturing, MG, General Manufacturing and MP, Manufacturing Park. The only stipulation is that in the MP and ML zones, exterior walls and outdoor play areas shall be a minimum of 400 feet from the exterior wall and pump islands of any automobile service station, irrespective of any structures in between (***on Matrix). Lake Oswego The City of Lake Oswego does not define the size and kind of day care centers that are part of this city code comparison. Lake Oswego only defines facilities that regularly accommodate 12 or fewer children. All other day care facilities are considered in the broad category of "institutional uses." Lake Oswego has very little industrial zoning as a percentage of total city area. They have two industrial zones. These are called Industrial (I) and Industrial Park (IP). Institutional uses are not permitted as outright or conditional uses in these two zones. • . • • Mark Roberts July 9, 1999 Page 4 Other Cities Two other cities are added to the comparison. Because of the large size (by Oregon standards), these cities have several similar facilities. Salem The City of Salem defines Child Day Care Center as a facility which provides child care or kindergarten for 13 or more children. Salem has four industrial zone classifications. They are called Industrial Business Campus (IBC), Industrial Park(IP), General Industrial (IG), and Intensive Industrial (II). That City allows Child Day Care Centers as outright (permitted) uses in all four industrial zones. Salem also has a "hybrid" zone called Industrial Commercial, which allows a mixture of different uses. Child Day Care Centers are not allowed as outright or conditional uses in that particular zone. Gresham Child Care Facilities are regulated by the City of Gresham as "Community Services" in Article VIII, "Special Uses" (8.0100) of their Land Development Code. Gresham has three industrial zones. They are called Business Park(BP), Light Industrial (LI) and Heavy Industrial (HI). Child care facilities for 13 or more children are allowed in all three industrial zones through that city's Type III, Community Services approval process. This Type III process is essentially a conditional use, but is heard by Gresham's Planning Commission rather than their Land Use Hearings Officer. Day Care Centers as Land Users It is recognized that the City of Tigard no longer has a large supply of vacant or under- utilized land zoned for industrial uses. This is locally important from a tax base standpoint. The general understanding is that residentially zoned land demands more services than it generates in property taxes, and commercial and industrial land demands • • • Mark Roberts July 12, 1999 Page 5 less services than are generated in property taxes for those businesses. However, the familiar child day care centers such as Kindercare, Learning Tree, and Tutor Time typically occupy sites of less than one acre in size. As private businesses, they pay property taxes just like industrial businesses. The improvement component of a property's assessed valuation is dependent upon building cost and value. Since the typical day care center building is commercial grade construction and details, these • businesses often pay more in property taxes on their real property improvements than many industrial uses now allowed in Tigard's three industrial zones. Children day care center uses are seen by almost all cities in the metropolitan region as supportive of industrial areas. Typically the sites used by children day care centers are efficiently used, because of high land values and the competitive nature of the child care business. Compatibility Issues Compatibility between children day care centers and other industrial uses, when the centers are allowed to locate in industrial zones, is handled extremely well by the competition of the private business sector. A center that is located near another use, whether it is incompatible or only perceived as incompatible, will not succeed in the marketplace which has other child care location options for parents. This situation is so obvious to those business owners that there are no examples of these kind of incompatible land uses in the southwest Portland metropolitan area. This is not because of zoning codes, because as the survey of other city code shows, day care centers are usually allowed in industrial zones. There are no incompatibility issues because of practical business decisions of day care center owners. In industrial parks where there may be many business leases with one land owner, there is an additional protection against incompatible uses, exercised by the property owner to protect his/her existing tenants. • • • Mark Roberts April July 9, 1999 Page 6 Effect of Excluding Day Care Facilities in Tigard's Industrial Zones Southeastern Tigard is where the majority of industrial land is located in the City of Tigard. In particular, the land bounded by I-5, Highway 217,Fanno Creek and the southern City limits of Tigard is dominated by I-L, I-P and I-H zones. Very little vacant land of any kind in this area has any other zone. The City of Tigard now does not allow . children day care centers as outright or conditional uses in any of these three zones. This is despite the fact that a very large population of persons employed in that area use day care facilities-for their children. The most significant industrial area of the City of Tigard is not and cannot be supported by even one day care use,because of the restrictions now found in the City Code. Because of the limited vacant land in Tigard, the practical effect of changing the zoning code text will probably be the location of one or possibly two new day care businesses in the large industrial area previously described. It should be noted that The City of Tigard recently completed a rezoning of the"Tigard Triangle" area which is on the north edge of the enclosed zoning map. The "Mixed Use Employment" (MUE) zone used in the Triangle does allow commercial day care centers. However, this does not solve the problem in the southeast industrial area because in fact the Triangle area is across the freeway and fairly distant from a travel-time standpoint, from much of the industrial lands in this part of the City. The MUE designation helps, but it does not solve the siting problem for the large majority of the southeast industrial area. One effect of the peculiarity of the Tigard code as it relates to commercial day cares is that the closest day care to this area, which is located near the City limits of Tigard in the City of Durham, has a very high demand. Because of facility capacity and government requirements concerning staffing ratios and classroom space, that business cannot keep up with demand and a long waiting list must be used. That business is the Learning Tree Day School at 18115 SW Lower Boones Ferry Road,just outside the City of Tigard and south of the zoning map enclosed. According to that school's records, as of June 11, 1999, their waiting list numbered 52. The waiting list is updated regularly. Demand generally is greatest at the beginning of the school year. That school's good reputation has helped create the large waiting list, but the lack of other commercial day cares to the north in the industrial part of the Tigard also is believed to create this situation. • • Mark Roberts July 12, 1999 Page 7 At the City's suggestion, the issue of scarcity of industrial land in Tigard was further researched. The technical memo from Metro titled Nonresidential Refill(Redevelopment and Infill) of April 12, 1999 was reviewed Among other topics, this report describes the likely results of scarcity of industrial land supply. The memo had limited usefulness to individual jurisdictions. Industrial inventories are inherently subjective because when a property is underutilized from the standpoint of the current allowed zoning, it is sometimes counted as occupied and sometimes not. For example, a rental house that is located in an industrial zone may be counted as occupied land,but it clearly is land available for redevelopment by a higher value industrial use. The fact that Tigard has a small amount of vacant industrial land does not in itself reduce the importance of allowing commercial day cares as allowable uses in industrial zones. Their overall use "footprint" is relatively very small compared to other industrial uses (as described earlier in this letter), and their function actually supports the industrial districts by providing day care opportunities close to parent's employment. Conclusion The City of Tigard, recognizing that children day care centers are supportive of industrial areas, should amend its zoning code to allow such uses as outright uses in Tigard's I-L, I-H and I-P zones. Sincerely, I / Jo L. Brosy, AICP c: Jack Steiger Jim Blackwell _ encl: Comparison Matrix City of Tigard Zoning Map (portion) • • • Comparison: Day Care Centers* In Industrial Zones See text for *'s Zone City and Zone Abbreviation Allowed Outright Conditional Uses PORTLAND: General Employment EG1 X • General Employment - EG2 X Central Employment EX X General Industrial IG1 X General Industrial IG2 X Heavy Industrial IH X BEAVERTON: Industrial Park IP X Light Industrial LI X Campus Industrial CI X** TUALATIN: Light Manufacturing ML X General Manufacturing MG X Manufacturing Park MP X*** LAKE OSWEGO: Industrial I (Not specifically defined: General category of Industrial Park IP "Institutional Uses" not allowed in I or IP zones • SALEM: Industrial Business Campus IBC X Industrial Park IP X General Industrial IG X Intensive Industrial II X GRESHAM: Business Park BP X Light Industrial LI X Heavy Industrial HI X TIGARD: Industrial Park I-P (Day Care Centers are not allowed Light Industrial I-L in any of the three industrial zones as Healy Industrial I-H outright or conditional uses in Tigard) ::.......:;:''....V!.N. 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L..... ,•,",:.......,•,.::,,,,,,,,..,,.,•:,-- ,- -- 1 ,:_-_- . ,,,, , , . ...., LT ,.....„ , /:,__. -1_,.4•._.-1 1 1,-- , 1 ••, .: •:: ..,::::.... ,• •, . . ,.. ...:,.,,,,.....,...,•,..„..... ... ,- . ‘ ..,, ,- .,.. , I , .. ./.1 ... ... / // 1 DURI-1- 4 j .,, ..., „....• , / , , -- __:_.[...J.J. i. . ! :- .. •• • • .•• : . • ...,. . .. _ _ . --,--k , ,. , . .. • • . . ..............................„,........„..„...,..„.„.....„.„...„.0................,,..... •...:. ,......„.„,... ..„..„...„:" • Farm 1 . • i DLCD NOTICE OF PROPOSED AMENDM it: ' This form must be received by DLCD at least 45 days prior to the first evidentiary hea 0 per ORS 197.610, OAR Chapter 660 - Division 18 O and Senate Bill 543 and effective on June 30, 1999 (See reverse side for submittal requirements) Jurisdiction: City of Tigard Local File No.: ZOA1999-00003 (If no number,use none) Date of First Evidentiary Hearing: 3/6/2000 Date Mailed: 1/19/2000 (47 Days) (Must be filled in) (Date mailed or sent to DLCD) Has this proposal been submitted to DLCD? Yes X No Date: N/A Comprehensive Plan Text Amendment _ Comprehensive Plan Map Amendment X Land Use Regulation Amendment _ Zoning Map Amendment New Land Use Regulation _ Other: (Please Specify Type of Action) Briefly summarize the proposal. Do not use technical terms. Do not write "See Attached." The applicant is proposing a Zone Ordinance Amendment to change the City of Tigard Community Development Code to allow daycare uses outright or conditionally in all Industrial zoned properties. Plan Map Change from: N/A to N/A Zone Map Change from: N/A to N/A Location: All Industrial Zones in the City of Tigard Acres Involved: N/A Specified change in Density: Current: N/A Proposed: N/A Applicable Statewide Planning Goals: 2 and 9 Is an Exception proposed? Yes X No Affected State or Federal Agencies, Local Governments or Special Districts: DLCD, Metro and ODOT. Local Contact: Julia Powell Hajduk Area Code + Phone Number: 503-639-4171 Address: 13125 SW Hall Boulevard City: Tigard Zip Code +4: 97223- DLCD No.: Form 1 • • SUBMITTAL REQUIREMENTS This form must be received by DLCD at least 45 days prior to the first evidentiary hearing per ORS 197.610,OAR Chapter 660-Division 18 and Senate Bill 543 and effective on June 30, 1999. 1. Send this Form and Two (2) Copies of the Proposed Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITAL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 COPY TO: Metro Land Use & Planning 600 NE Grand Avenue Portland, OR 97232-2736 ODOT—Region 1, District 2-A Jane Estes, Permit Specialist 5440 SW Westgate Drive, Suite 3 Portland, OR 97221-2414 2. Unless exempt by ORS 197.610 (2), proposed amendments must be received at the DLCD's SALEM OFFICE at least FORTY-FIVE (45) before the first evidentiary hearing on the proposal. The first evidentiary hearing is usually the first public hearing held by the jurisdiction's planning commission on the proposal. 3. Submittal of proposed amendments shall include the text of the amendment and any other information the local government believes is necessary to advise DLCD of the proposal. "Text" means the specific language being added to or deleted from the acknowledged plan or land use regulations. A general description of the proposal is not adequate. 4. Submittal of proposed "map" amendments must include a map of the affected area showing existing and proposed plan and zone designations. The map should be on 8 1/2 x 11 inch paper. A legal description, tax account number, address or general description is not adequate. 5. Submittal of proposed amendments which involve a goal exception must include the proposed language of the exception. 6. Need More Copies? You can copy this form on to 8-1/2x11 green paper only8-1/2x11 green paper only; or call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or email your request to Larry.French @state.or.us — ATTENTION: PLAN AMENDMENT SPECIALIST. • - • L BROSY 161 JOHN L. High St.SE. 'Suite 204 Salem,OR 97301 • Land Planning and Development Services (503)316-1842 Supplemental Information City of Tigard File ZOA 1999-0003 Legislative Code Amendment Request Re: Day Care Centers in Industrial Zones The legislative code change proposal to allow day care centers as outright or conditional uses in industrial zones in the City of Tigard conforms to pertinent City. of Tigard Comprehensive Plan, and Statewide Planning Goals in the following ways: - Tigard Comprehensive Plan Volume II, of the City of Tigard Comprehensive Plan entitled "Findings, Policies & Implementation Strategies, is a decision-making consideration under TMC 18.390.060(G). That document includes Section 12.3, Locational Criteria/Industrial. Please note that Section 11, Special Areas of Concern does not include any policies or strategies that would be affected by the proposed code change. Implementation item 3 under 12.3, Industrial, states: "Protect existing and potential lands suitable for.industrial development from encroachment by non-industrial or incompatible uses." Our application explains that the average commercial day care center only occupies less than one acre,and because of the desire to have day care facilities near places of employment, such.land uses are complimentary to,industrial areas and should be • seen as supporting the viability of the large, existing industrial areas in Tigard by making those industrial areas more attractive to employees with young children. Many parents of . very young children visit those children during the work day, so proximity of day care to • employment centers reduces vehicle trip miles. The application material already submitted indicated that the average day care center business occupies less than one acre. They do not pose a significant threat to the supply of industrial land. Please refer to the City of Tigard zoning map. Other than the large amount of I-P, I-H and I-L zoned lands as shown on the City zoning map (portion) included in the application, there is only one other area of industrial zoning in the entire city limits of .Tigard. This is the smaller area running along the SPRR tracks and Tigard Avenue - northwest of Hwy. 99, and including the.Koll Business Center on the Tigard side of Scholls Ferry Road and the area extending to south of Hwy. 217 and west of Greenburg Road. • Distribution of day care centers in other cities suggest that if the code is amended, the City of Tigard may ultimately expect, at the most, only two or three new day care businesses in the southeast industrial area as shown on the map included in the code amendment request. • Supplement to:ZOA:1999-0003 Page 2 , • :._Because that other.industrial area described above is smaller and narrower, and there are • other sites.nearby that:would also allow-day cares as outright or conditional uses; it'is'not ,'.:likely that any more;day cares will.be located in that area in the foreseeable future if the code were changed as proposed: Much of that other industrial area has:the•added• `constraint of the Fanno Creek flood:plain.: : • Although not;specifically noted.in;the"Plan s;policies`for industrial.lands.in Tigard;,it.•seems prudent to;encourage complimentary, supportive land uses such as day:care centers_;that.-: ;` reduce vehicle trip miles on the transportation network, and that are desired by employees ': of industrial areas (see Statewide Goals, below). • ._ ; ` . Metro • • Metro's Region 2040 Plan does:not have specific.'policies or code:issues that relate to the. = • - ::,kind of complimentary land uses that:should be permitted or otherwise encouraged by - Tigard in-its industrial_districts. This was confirmed‘by"seniorplanners:of the City of . Tigard and.Metro. - . . Statewide Planning Goals - ' ` Statewide Goal 9,Economic Development requires Comprehensive plans_.for urban areas -. to "(3) Provide for at least an'adequate supply of site of suitable`.sizes,:types; - :locations, and service levels fora variety of industrial and contnie-cia1 uses consistent withplafrpolicies."'While the City of Tigard,has:a very successful and large; 'competitive = : • southeastern area devoted to industrial uses, employees with day care-age children must, :.'. . ; travel outside this large area for day'care services: This is because of the-large concentration of industrial zoning:that now do not allow day cares as'either.Outright:or conditional uses. Day care should be considered a valuable;,complimentary land use for high quality industrial':areas of Tigard.:Their locations are now:unnecessarily;restricted by. the City of Tigard Zoning Code. : Another.'requirement for Comprehensive plans in Statewide:Goal 9 is;"(4:)'Limit:uses.oti. ". or near sites zones for specific industrial and conmiercial uses to:those which are., compatible With proposed uses." Similar language exists in the Tigard,:Plan. .The highest level of compatible use is one that is actually also complimentary'to the primary mission:of. . • : 'the area, which is industrial. Day care businesses located suitably close to large . • employment centers are desired features for the employees of an industrial area, and thus, the competitive health of Tigard's industrial areas. • • .` • . -Supplement to:ZOA 1999-0003 . • • . Page:3.• `'.'Statewide:.Goal:12.is Transportation.":,Oregon•Administrative Rules (OAR) include .. '-.- : -•' - _ Division 012,:Transportation"Planning; and the;Transportation Planning Rule (TPR); - which implements Statewide Planning'•Goal 12: The,first'sentence of the purpose section" ', -•':. of the TPR.;(OAR 660-012-0000) is:. - - - . • :1- . = "The rii Ose:Of this division,is-to implement,Statewide:Planning Goal 12 . ;, . :: ,-.- _('TranspOrtationi and promote the development Of safe,,convenient and economic l.:- ., . -- ransportation systems that are.designed to rediice.relionice on the.automobile:so that the air pollution,.:traffic and other livability problems faced by.urban.areas'in other parts of the country might:be avoided:.:".:_ ` ' : - . - Later in the same paragraph,•the Purpose statement continues: : = . - - , "This portion of the ride aims to ii77prove..the livability of Urban areas:by promoting -- •: changes.inland use patterns and the transportation:systenl:that=make:it more convenient -.• r . • : for people to walk; •bicycle,and use 'transit; and drii'e less'to meet'their daily heeds. - . • - Changing land use and travel patterns,ivill also coniplenient state and local efforts'to - - - meet other Objectives,,including containing Urban development reducing the cost:Of - ` '-• . ; public sen>ices,protecting far n and forest-'land,;reducing�a r,water and.noise-pollution, _ : conserving energy.and reducing emissions of greenhouse gases that contribute to - • - global clintate change,..;'!. . . :-: . :• - - - - ":,(emphasis added) - • ..• One important-decision-making factor.for parents choosing day-..cares is•proximity to place . •- of work. Allowing day cares as outright or Conditional Uses in Tigard industrial"zones:that - . " . _ . -are:significantly large concentrations of employment;will compliment the purposes of the : :,_ ••- . •.: industrial.zones in-the City and will.enable people.to drive.less vehicle miles and therefore . • • . reduce'air pollution, conserve energy and reduce emissions:'.This effect is particularly•,•••' •.:.: , .• . ::evident for parents of very young children in day cares, as previously stated'in-this - :. - .•application.: • , •' . • - -• The_:TPR requires Metro and the he City:of Tigard to.adopt Transportation System Plans - •. "• • (TSP's). One•measurable objective of the=TSP for Metro*:(of which Tigard is a part).is a ; - , .' 10% reduction in automobile vehicle.miles traveled (VMT)'per`capita-for the Metro - - - . area within:20'years of adoption of a(TSP) plan.- In addition that significant objective,_ . • an additional 5% reduction of VMT.within 30 years of adoption of the TSP is - ' . -- • required•through "subsequent,planning efforts" [OAR 660-012-003.5,(4)(b)-and (c)]. • . r•Supplement:to.ZOA 1999-0003, - --• This proposed amendment to:the City of.T. .ig,a_r.d Code will-help.reduce,VMT, for.the. ,•• • ..--;,:.: • . reasons_.already-stated..• , .' , ,- . •. -. • . • .: • • • • • • • • • • • • • City Of hard : Total Industrial Areen Acres o 5/4/99 ZONING TYPE OVERLAY ACRES I-P COM 184.51 I-P IND 5.77 I-P IND 53.17 I-P IND 12.54 I-P IND 215.29 I-P IND 79.82 551.10 I-L IND 14.32 I-L COM 363.71 378.03 I-H IND 58.04 58.04 Total Industrial 987.17 There are approximately 160 parcels in Zones I-P, I-L,and I-H. 1 . . . , ,,, . , . .,.•, •• •• •• . ...N. ..1:,........A.• [ - 1 e-°' ,--..tc....boto.„..„. 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A..).•*i...%/...t...,.........., •• ........ .... ../..... . • • L. BROSY JOHN Suite 204 Salem,OR 97301 Land Planning and Development Services (503) 316-1842 July 12, 1999 Mark Roberts Associate Planner City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Legislative-Code Amendment Request Regarding Day Care Centers in Industrial Zones Dear Mr. Roberts: The following information supports a request to amend the City of Tigard Zoning Code, to allow child day care centers as outright or conditional uses in the City's three industrial zones (I-P, I-L and I-H). These commercial day centers, known by such business names in the southwest metropolitan area as Kindercare, Learning Tree and Tutor Time, are allowed in industrial zones in surrounding jurisdictions,which recognize that child care centers have an important reason to be located near places of industrial employment. Despite the common practice of other, bordering cities, Tigard remains the only City that does not allow such uses in their three I-zones. • Description of Use Type. In the Tigard Code, these uses are.defined as "Institutional Day Care," which is a day care facility operated for 13 or more children [Chapter 18.130, Use Classifications, Section 18.130.020(A)(5)(c). Other neighboring cities call them Child Care Facilities (Beaverton), Child Day Care Center(Tualatin), Day Care Facility (Washington County) or Daycare (Portland). These kind of day care centers typically occupy a building of approximately 7,000-10,000 square feet with a 2,000-3,000 sq. ft. playground, approximately 15-25 parking spaces, on a total parcel size of 32,000 sq. ft. to 38,000 sq. ft. In other cities, these uses are very often located on collector or arterial streets in both industrial and commercial zones. One important locational factor is that many parents • spend part of their lunch hour or other part of the work day visiting their child, so proximity to place of work is important to parents: Overall trip miles are reduced when the center is located near the place of work. Close proximity to parents' work place is an important locational factor in the child care center business. • • • Mark Roberts July 12, 1999 Page 2 Day Care Centers in Industrial Zones of Neighboring Cities The zoning codes of the four major cities (not including Durham or King City) which abut the City of Tigard were compared, as they relate to day care centers in industrial zones. Those four cities are Portland, Beaverton, Tualatin and Lake Oswego. Portland • In the City of Portland, these uses are called "Daycare." As such, they are allowed as outright uses in Portland's EG1 (General Employment 1), EG2 (General Employment 2), and EX (Central Employment) zones. They are permitted as conditional uses in that city's IG1 (General Industrial 1), IG2 (General Industrial 2), and IH (Heavy Industrial) zones. Daycare uses which are 3,000 sq. ft. or less in floor area do not require conditional uses in the IG1, IG2 or IH zones. The conditional use approval criteria in the City of Portland's industrial zones for Daycare uses are intended to promote preservation of land for industry while allowing other (daycare) uses when they are supportive of the industrial area or not detrimental to the character of the industrial area. The approval criteria are(33.815.125): A. The proposed use will not have significant adverse effects on nearby industrial firms; B. The transportation system is capable of safely supporting the proposed use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, access to arterials, transit availability, on-street parking impacts, lot access requirements neighborhood impacts, and pedestrian safety; C. The proposed use will not significantly alter the overall industrial character of the area, based on the existing proportion of industrial and non-industrial uses and the effects of incremental changes; D. The proposed use needs to be located in the industrial area or building because industrial firms or their employees constitute the primary market of the proposed use; and E. City-designated scenic resources are preserved.. • • Mark Roberts July 12, 1999 Page 3 Beaverton The City of Beaverton defines nursery, day or child care facility as providing care for compensation for seven or more children (* on Matrix) during a 24-hour period. As such, they are permitted as outright uses in Beaverton's IP, Industrial Park and LI, Light Industrial zones. [20.15.10(A)(17) and 20.15.15(A)(19)]. In the CI, Campus Industrial zone, they are permitted so long as they are use no greater than 60% of the land area in a "development control area." These are the only three industrial zones in the City of Beaverton (**on Matrix). In Beaverton's code section 60.40.25, there are special requirements for these facilities, wherever they are located. The outdoor play area must have a minimum of 100 sq. ft. of play area for every 1/3 of the total licensed capacity of children. The play area has fencing requirements. Facilities licenses for 40 or more children may be required to have a driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading children. Tualatin The City of Tualatin describes this same use as a Child Day Care Center(zoning code page 31-6, definitions). These uses are allowed outright in all three of that city's industrial zones. Those zones are ML, Light Manufacturing, MG, General Manufacturing and MP, Manufacturing Park. The only stipulation is that in the MP and ML zones, exterior walls and outdoor play areas shall be a minimum of 400 feet from the exterior wall and pump islands of any automobile service station, irrespective of any structures in between (*** on Matrix). Lake Oswego The City of Lake Oswego does not define the size and kind of day care centers that are part of this city code comparison. Lake Oswego only defines facilities that regularly accommodate 12 or fewer children. All other day care facilities are considered in the broad category of "institutional uses." Lake Oswego has very little industrial zoning as a percentage of total city area. They have two industrial zones. These are called Industrial (I) and Industrial Park (IP). Institutional uses are not permitted as outright or conditional uses in these two zones. • • Mark Roberts July 9, 1999 Page 4 Other Cities Two other cities are added to the comparison. Because of the large size (by Oregon. standards), these cities have several similar facilities. Salem • The City of Salem defines Child Day Care Center as a facility which provides child care or kindergarten for 13 or more children. Salem has four industrial zone classifications. They are called Industrial Business Campus (IBC), Industrial Park(IP), General Industrial (IG), and Intensive Industrial (II). That City allows Child Day Care Centers as outright (permitted) uses in all four industrial zones. Salem also has a "hybrid" zone called Industrial Commercial, which allows a mixture of - .different uses. Child Day Care Centers are not allowed as outright or conditional uses in that particular zone. Gresham Child Care Facilities are regulated by the City of Gresham as "Community Services" in Article VIII, "Special Uses" (8.0100) of their Land Development Code. Gresham has three industrial zones. They are called Business Park (BP), Light Industrial (LI) and Heavy Industrial (HI). • Child care facilities for 13 or more children are allowed in all three industrial zones through that city's Type III, Community Services approval process. This Type III process is essentially a conditional use, but is heard by Gresham's Planning Commission rather than their Land Use Hearings Officer. Day Care Centers as Land Users It is recognized that the City of Tigard no longer has a large supply of vacant or under- , utilized land zoned for industrial uses. This is locally important from a tax base standpoint. The general understanding is that residentially zoned land demands more services than it generates in property taxes, and commercial and industrial land demands • • • • Mark Roberts July 12, 1999 Page 5 less services than are generated in property taxes for those businesses. However, the familiar child day care centers such as Kindercare, Learning Tree, and Tutor Time typically occupy sites of less than one acre in size. As private businesses, they pay property taxes just like industrial businesses. The improvement component of a property's assessed valuation is dependent upon building cost and value. Since the typical day care center building is commercial grade construction and details, these businesses often pay more in property taxes on their real property improvements than many industrial uses now allowed in Tigard's three industrial zones. Children day care center uses are seen by almost all cities in the metropolitan region as supportive of industrial areas. Typically the sites used by children day care centers are efficiently used, because of high land values and the competitive nature of the child care business.. Compatibility Issues Compatibility between children day care centers.and other industrial uses, when the centers are allowed to locate in industrial zones, is handled extremely well by the competition of the private business sector. A center that is located near another use, whether it is incompatible or only perceived as incompatible, will not succeed in the marketplace which has other child care location options for parents. This situation is so obvious to those business owners that there are no examples of these kind of incompatible land uses in the southwest Portland metropolitan area. This is not because of zoning codes, because as the survey of other city code shows, day care centers are usually allowed in industrial zones. There are no incompatibility issues because of practical business decisions of day care center owners. In industrial parks where there.may be many business leases with one land owner, there is an additional protection against incompatible uses, exercised by the property owner to protect his/her existing tenants. . • Mark Roberts April July 9, 1999 Page 6 Effect of Excluding Day Care Facilities in Tigard's Industrial Zones Southeastern Tigard is where the majority of industrial land is located in the City of Tigard. In particular, the land bounded by I-5, Highway 217, Fanno Creek and the southern City limits of Tigard is dominated by I-L, I-P and I-H zones. Very little vacant land of any kind in this area has any other zone. The City of Tigard now does not allow children day care centers as outright or conditional uses in any of these three zones. This is despite the fact that a very large population of persons employed in that area use day care facilities for their children. The most significant industrial area of the City of Tigard is not and cannot be supported by even one day care use,because of the restrictions now found in the City Code. Because of the limited vacant land in Tigard, the practical effect of changing the zoning code text will probably be the location of one or possibly two new day care businesses in the large industrial area previously described. It should be noted that The City of Tigard recently completed a rezoning of the"Tigard Triangle" area which is on the north edge of the enclosed zoning map. The "Mixed Use Employment" (MUE) zone used in the Triangle does allow commercial day care centers. However, this does not solve the problem in the southeast industrial area because in fact the Triangle area is across the_freeway and fairly distant from a travel-time standpoint, from much of the industrial lands in this part of the City. The M JE designation helps, but it does not solve the siting problem for the large majority of the southeast industrial area. One effect of the peculiarity of the Tigard code as it relates to commercial day cares is that the closest day care to this area, which is located near the City limits of Tigard in the City of Durham, has a very high demand. Because of facility capacity and government requirements concerning staffing ratios and classroom space, that business cannot keep up with demand and a long waiting list must be used. That business is the Learning Tree • Day School at 18115 SW Lower Boones Ferry Road,just outside the City of Tigard and south of the zoning map enclosed. According to that school's records, as of June 11, • 1999, their waiting list numbered 52. The waiting list is updated regularly. Demand generally is greatest at the beginning of the school year. That school's good reputation has helped create the large waiting list, but the lack of other commercial day cares to the north in the industrial part of the Tigard also is believed to create this situation. • • • Mark Roberts July 12, 1999 Page 7 At the City's suggestion, the issue of scarcity of industrial land in Tigard was further researched. The technical memo from Metro titled Nonresidential Refill(Redevelopment and Infill) of April 12, 1999 was reviewed. Among other topics, this report describes the likely results of scarcity of industrial land supply. The memo had limited usefulness to individual jurisdictions. Industrial inventories are inherently subjective because when a property is underutilized from the standpoint of the current allowed zoning, it is sometimes counted as occupied and sometimes not. For example, a rental house that is located in an industrial zone may be counted as occupied land,but it clearly is land available for redevelopment by a higher value industrial use. The fact that Tigard has a small amount of vacant industrial land does not in itself reduce the importance of allowing commercial day cares as allowable uses in industrial zones. Their overall use "footprint" is relatively very small compared to other industrial uses (as described earlier in this letter), and their function actually supports the industrial districts by providing day care opportunities close to parent's employment. Conclusion The City of Tigard, recognizing that children day care centers are supportive of industrial areas, should amend its zoning code to allow such uses as outright uses in Tigard's I-L, I-H and I-P zones. Sincerely, 10Pv 0 • Jo L. Brosy, AICP c: Jack Steiger Jim Blackwell encl: Comparison Matrix City of Tigard Zoning Map (portion) • • • Comparison: Day Care Centers* In Industrial Zones See text for *'s Zone City and Zone Abbreviation Allowed Outright Conditional Uses PORTLAND: General Employment EG1 X General Employment EG2 X Central Employment EX X • General Industrial IG1 X General Industrial IG2 X Heavy Industrial IH X BEAVERTON: Industrial Park IP X Light Industrial LI X Campus Industrial CI X** TUALATIN: Light Manufacturing ML X General Manufacturing MG X Manufacturing Park MP X*** LAKE OSWEGO: Industrial I (Not specifically defined. General tategory of Industrial Park IP "Institutional Uses" not allowed in I or IP zones SALEM: Industrial Business Campus IBC X Industrial Park IP X General Industrial IG X Intensive Industrial II X GRESHAM: Business Park BP X Light Industrial LI X Heavy Industrial HI X TIGARD: Industrial Park I-P (Day Care Centers are not allowed Light Industrial I-L in any of the three industrial zones as Healy Industrial I-H outright or conditional uses in Tigard) , ZONING ' ,.. 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U ;: , a. 9ELuEs -- R MMjVr5 . 0 • ' ilk i oQ�N�`NG REQUEST FOR COMMENTS O TI CITY OF TIGARD ek*-' � ) Community DeveCopment DATE: g b._\• � Shaping Better Community Fc 2000 ��c1. 0 TO: G�Nadine Smith,Long Range Planning Supervisor - . • FROM: City of Tigard Planning Division STAFF CONTACT: Julia Powell Najdu*,Associate Planner x401 Phone: (5031639-4111/Fax: 15031 684-1291 ZONE ORDINANCE AMENDMENT(ZOA)1999-00003 > CODE AMENDMENT TO ALLOW DAYCARE CENTERS IN ALL INDUSTRIAL ZONES < The applicant is proposing a Zone Ordinance Amendment to change the City of Tigard Community Development Code to allow daycare uses outright or conditionally in all Industrial zoned properties. LOCATION: All Industrial Zones Citywide. ZONES: Light Industrial, I-L; Industrial Park, I-P; and Heavy Industrial, I-H. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Polices 5 and 12.3; The Metro 2040 Plan; and Statewide Planning Goals 2 and 9. Attached are the Narrative,Vicinity Map and Any Additional Information Providded by the Applicant for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: FEBRUARY 2,2000. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPI v We have CerkffkiA,to 7 is to it. ,•( ; +-" J — Please o of our offic Please rF. - C�., Written cc O� 14; v 1.{. 1 / frlj eatr"--r-e-c--- 0,04.4.4„) __,/ ,....,_, .,......„ , 9tt-L ae.4.4, Otri ck. 1-di ci- 0 l a. ��, % Oae..0 1- 1 44 (2'lease provide the f ing: I Ce fi ,.,..: / Phone Number(sl: ZOA1999-00003 AGENCY REQUEST FOR COMMENTS CODE AMENDMENT TO ALLOW DAYCARE CENTERS IN ALL INDUSTRIAL ZONES "frAL-LL-1/W / YU3g --9N1 NNv-1� • . Z 226 424 277 . • US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail(See reverse) Oregon Dept. of Land Conservation & Devi IATTN: LARRY FRENCH 43-- ;635 Capital Street NE, Suite 150 'Salem, OR 97301-2540 I Postage $ Q Certified Fee 1 .9 c0 I Special Delivery Fee "JZ Z- Restricted Delivery Fee Lo ^ma) Return Receipt Showing to \ `d S l Q Whom&Date Delivered ..k, a Return Receipt Showing to r, �O Date,3 Addressee's A /■ '� GLbe TOTAL Postage �eesr $,, S. �J O E Postmark or Dat C H N o ', SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of De' ry l• item 4 if Restricted Delivery is desired. I— � I i ■ Print your name and address on the reverse C. Signature I so that we can return the card to you. • • Attach this card to the back of the mailpiece, ❑Agent or on the front if space permits. X P A ❑Addressee D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Oregon Dept. of Land Conservation & Dev,' ATTN: LARRY FRENCH 635 Capital Street NE, Suite 150 3. Service Type Salem, OR 97301-2540 XCertified Mail ❑ Express Mail i -- - - ❑ Registered ❑ Return Receipt for Merchandise i ❑ Insured Mail ❑C.O.D. i ? 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Numb (C ypy f err e 11l)gg PS Form 3811,July 1999 Domestic Return Receipt 102595-99-M-1789 • • • Z 226 424 276 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail(See reverse) Metro .6 'ATTN: LAND USE 8r PLANNING 600 NE Grand Avenue . Portland, OR 97232-2.736 Postage $ ` O Certified Fee J*L1 D t% 1 Special Delivery Fee ! \ Restricted Delivery F�e�00 A Ty t+ t ■sr g; Return Receipt Sho ii t ifi C'S'C. ( cs.. ' _ Whom&Date Delivered (4,t/ (�lsr . .n Return Receipt T� ) < Date,&Addressee's !b, �, TOTAL Postage&F et., /� 5 w i "4' Postmark or Date � t' t`l li a _^._____..---____________________1 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY i • Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) .4Date of Delivery I - item 4 if Restricted Delivery is desired. / t • Print your name and address on the reverse — III! so that we can return the card to you. C. ign.p re • Attach this card to the back of the mailpiece, ,� ❑Agent or on the front if space permits. 'i 2`�{ 4 ❑Addressee Is delivery dress different from item 1? ❑ Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Metro l ATTN: LAND USE &PLANNING • 600 NE Grand Avenue • Portland, OR 97232-2736 3. Service Type II•KCertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise I ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes I 2. Artic Nu a (C�opyyeece 1ae1� L/!/' PS Form 3811,July 1999 Domestic Return Receipt 102595-99-M-1789 • • • • T Z 226 424 278 US Postal Service . Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail(See reverse) . ODOT—Region 1, District 2-A Jane Estes, Permit Specialist 5440 SW Westgate Drive, Suite 350 Portland, OR 97221-2414 Postage $ • 1/ Certified Fee l V Special Delivery Fee Restricted Delivery Fee ` (A ,0 Return Receipt Sho i ' ' 1L I q.. Whom&Date Deliv , 1�a V Q� 1. Return Receipt', . ' t tllhom, tJ 147 Q1 \i" Q Date,&Addressee's Ades „_ Q' I TOTAL Postage& ee.\ $�' ' .a. Postmark or Date �`',c t" £c" SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete . eceived by(Please Print Clearly) B. Dat f De' ry item 4 if Restricted Delivery is desired. A r L/st rxez 7 • Print your name and address on the reverse so that we can return the card to you. C. ignature • Attach this card to the back of the mailpiece, X ❑Agent or on the front if space permits. i ❑Addressee i D. Is delivery ad ess die t.from tie 6-1a ❑ Yes 1. Article Addressed to: rf rJPr,� If YES,enter elive address below. No if �;1 r C —NJ ODOT— Region 1, District 2-A ';: q ^ `_.d Jane Estes, Permit Specialist 1 \ • { 1 5440 SW Westgate Drive, Suite 350 3. Service Type yy:'•. Portland, OR 97221-2414 Certified Mail - ❑ Express-Mail ❑ Registered '❑Return Receipt for Merchandise ❑ Insured Mail '❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes I 2. Arttc a Nytnb r oP 9p r al J.� 4�`/ oIJ O�SJ OY . PS Form 3811,July 1999 Domestic Return Receipt 102595-99-M-1789 n Form2 • • DLCD NOTICE OF ADOPTIO This form must be mailed to DLCD within 5 working days after the fin : is' O per ORS 197.610 and OAR Chapter 660 - Division 18 (See reverse side for submittal requirements) Jurisdiction: City of Tigard Local File No.: ZOA1999-00003 (If no number,use none) Date of Adoption: June 27. 2000 Date Mailed: June 30. 2000 (Must be filled in) (Date mailed or sent to DLCD) Date the Notice of Proposed Amendment was mailed to DLCD: January 19. 2000 Comprehensive Plan Text Amendment _ Comprehensive Plan Map Amendment X Land Use Regulation Amendment _ Zoning Map Amendment New Land Use Regulation _ Other: (Please Specify Type of Action) Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached." A zone ordinance amendment to change the language of the Community Development Code to allow day care uses in all industrial zones with restrictions. Describe how the adopted amendment differs from the proposed amendment. If it is the same, write "Same." If you did not give notice for the proposed amendment, write "N/A." The language adopted allows day care uses outright with restrictions as opposed to conditionally in all industrial zones. Plan Map Change from: N/A to N/A Zone Map Change from: N/A to N/A Location: All Industrial Zones in the City of Tigard Acres Involved: N/A Specify Density: Previous: N/A New: N/A Applicable Statewide Planning Goals: 1, 2. 9, 12 and 14 Was an Exception adopted? Yes: _ No: X DLCD File No.: Form 2 • S Did the Department of Land Conservation and Development receive a Notice of Proposed Amendment FORTY FIVE (45) days prior to the first evidentiary hearing? Yes: X No: _ • (47 Days) If no, do the Statewide Planning Goals apply. Yes: No: If no, did The Emergency Circumstances Require immediate adoption. Yes: _ No: Affected State or Federal Agencies, Local Governments or Special Districts: DLCD, Metro and ODOT Local Contact: Julia Powell Hajduk Area Code + Phone Number: (503) 639-4171 Address: 13125 SW Hall Boulevard City: Tigard, Oregon Zip Code + 4: 97223 ADOPTION SUBMITTAL REQUIREMENTS This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610 and OAR Chapter 660- Division 18 1. Send this Form and Two (2) Copies of the Adopted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITAL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 COPY TO: Metro Land Use & Planning ODOT—Region 1, District 2-A 600 NE Grand Avenue Jane Estes, Permit Specialist Portland, OR 97232-2736 5440 SW Westgate Drive, Suite 3 Portland, OR 97221-2414 2. Submit Two (2) copies of adopted material, if copies are bounded please submit two (2) complete copies of documents and maps. 3. Please Note: Adopted materials must be sent to DLCD not later than five (5) working days following the date of the final decision on the amendment. 4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings and supplementary information. 5. The deadline to appeal will be extended if you do not submit this Notice of Adoption within five working days of the final decision. Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date, the "Notice of Adoption" is sent to DLCD. 6. In addition to sending the "Notice of Adoption" to DLCD, you must notify persons who participated in the local hearing and requested notice of the final decision. 7. Need More Copies? You can copy this form to 8-1/2x11 green paper only ; or call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or Email your request to Larry.French @state.or.us —ATTENTION: PLAN AMENDMENT SPECIALIST. • • AFFIDAVIT OF MAILING `F 4 CRY OF TIOARD Community(Development • SkapingA Better Community STATE OE OREGON- ) County off Washington )ss. City of?igard ) • 1, 'Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of igard, Washington County, Oregon and that I served the following: {Check Appropriate Box(s)Bebw) ❑ NOTICE OF PENDING LAND USE APPLICATION FOR: . ❑ AMENDED NOTICE (File No/Name Reference) ❑ City of Tigard Planning Director ❑ NOTICE OF DECISION FOR: ❑ AMENDED NOTICE (File No/Name Reference) ❑ City of Tigard Planning Director 0 NOTICE OF PUBLIC HEARING FOR: 1 i ❑ AMENDED NOTICE (File No/Name Reference) (Date of Public Hearing) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council © NOTICE OF FINAL ORDER FOR: ZOAI999-00003/AMENDMENT TO ALLOW DAY CARE USES IN INDUSTRIAL ZONES • ORDINANCE NO. 2000-23 I JUNE 21, 2000 ❑ AMENDED NOTICE (File No/Name Reference) (Date of Public Hearings) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission • Tigard City Council. ❑ NOTICE OF (Type/Kind of Notice) FOR: (File No/Name Reference) (Date of Public Hearing,if applicable) • A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE[S] of which is attached, mar -• a hibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit' ;",on la 5 2000 a►. depo: t-d in t - United States Mail on July 5,2000, postage prepaid. ' ,�� (Pe' - • -pared N,,ti Subscribed and sworn/affirmed before me on the I [ day of . (L& , 2000. OFFICIAL SEAL (:-.7d?e,---N SHERMAM S. CASPER H TARP PUBLIC 0 COMMISSION NO. 23403 11A, _ MY COMMISSION MIRES MAY-i3,2003 My Commission Expires: Y,�er/ r3,, Zoo-3 • • "EXHIBIT A" CITY OF TIGARD, OREGON ORDINANCE NO. 00- 23 AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE TO ALLOW DAY CARE USES IN INDUSTRIAL ZONES WHEREAS, the applicant requested a Zone Ordinance Amendment to allow day care uses either conditionally or outright in all industrial zones; and WHEREAS, the City Council opened a Public Hearing on the request on April 11, 2000 and heard testimony on April 25, 2000 and indicated they were supportive of the proposed zone change and directed staff to prepare langauge and an Ordinance for Council review and approval; and WHEREAS, Staff prepared recommended language and an Ordinance which was discussed at the June 20, 2000 City Council work sesssion; and WHEREAS, the City Council determined that the proposed language adequately addressed concerns regarding protecting both the proposed daycare uses, as well as, existing adjacent industrial uses; and WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Sections 18.380 and 18.390; Comprehensive Plan Policies 5 and 12.3; The Metro 2040 Plan; and Statewide Planning Goals 1, 2, 9, 12 and 14; and WHEREAS, the City Council has determined that the proposed zone ordinance amendment is consistent with the applicable review criteria and that approving the request would be in the best interest of the City of Tigard. -- NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The specific text amendements attached to this Ordinance are hereby adopted and approved by the City Council. PASSED: This g day of \u YU) ,2000. Mayor City o igard Brian J. Moore, Council President ATTEST• City Recorder City of Tigard Greer A. Gaston, Deputy City Recorder ORDINANCE NO. 00- 23 c\curpin'utia\zoaI999-03oRDdoc Page 1 of 1 19-Jun-00/9:47 AM • 0- **DRAFT" PROPOSED CHANGES FOR OUTRIGHT PERMITTED USE,WITH RESTRICTIONS TABLE 18.530.1 • USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living R'. R' R' Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC(INSTITUTIONAL) Basic Utilities C C P Colleges N N N Community Recreation N N N Cultural Institutions N N N Day Care R2 3-12 R3=-?- R3=-2 Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P Religious Institutions N N N Schools N N N Social/Fratemal Clubs/Lodges N3_ N N COMMERCIAL Commercial Lodging P N. N Eating and Drinking Establishments R2 N N Entertainment-Oriented - Major Event Entertainment N N N - Outdoor Entertainment P N N - Indoor Entertainment P N __N - Adult Entertainment N N N General Retail - Sales-Oriented R2 N N - Personal Services R2 N N - Repair-Oriented P N N - Bulk Sales N N N - Outdoor Sales N P P - Animal-Related P P P Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C' P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P Page 1 of 4 III • • TABLE 18.530.1 (CON'T) USE CATEGORY I-P I-L I-H INDUSTRIAL Industrial Services N P P Manufacturing and Production - Light Industrial P P P - General Industrial N P P - Heavy Industrial N N P Railroad Yards N N P. Research and Development P P P Warehouse/Freight Movement N P P Waste-Related . N N P Wholesale Sales R4 P P OTHER Agriculture/Horticulture Ps P5 P5 Cemeteries N C N Detention Facilities C N C Heliports C C C • Mining N N P Wireless Communication Facilities P/R6 P P Rail Lines/Utility Corridors P P P Other NA . NA P8 P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'A single-family detached dwelling or single-family mobile or manufactured home allowed for caretaker or kennel owner/operator when located on the same lot as the permitted use and is exclusively occupied by the caretaker or kennel_owner/operator and family. 'These limited uses, separately or in combination, may not exceed 20% of the entire square footage within a development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. 'In-home day care which meets all state requirements permitted by right. 'Permitted if all activities, except employee and customer parking, are wholly contained with a building(s). 5When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 6See Chapter 18.798, Wireless Communication Facilities, for definition of permitted and restricted facilities in the I-P zone. 'Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is permitted conditionally. 8Explosive storage permitted outright subject to regulations of Uniform Fire Code. Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with 1:.530.050.C.1. The deli n of the da care must full corn I with State of Ore*on requirements for outdoor openspace setbacks. Page 2 of 4 • • 18.530.040 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370. 2. All other applicable standards and requirements contained in this title. B. Development Standards. Development standards in industrial zoning districts are contained in Table 18.530.2 below: TABLE 18.530.2 DEVELOPMENT STANDARDS IN INDUSTRIAL ZONES STANDARD I-P I-L I-H Minimum Lot Size None None None Minimum Lot Width 50 ft. 50 ft. 50 ft. Minimum Setbacks -Front yard 35 ft. 30 ft. 30 ft. -Side facing street on corner& through lots[1] 20 ft. 20 ft. 20 ft. -Side yard 0/50 ft. [3] 0/50 ft.[3] 0/50 ft. [3] -Rear yard 0/50 ft. [3][4] 0/50 ft.[3] 0/50 ft. [3] -Distance between front of garage - &property line abutting a public or private street -- -- -- Maximum height 45 ft. 45 ft. 45 ft. Maximum Site Coverage[2] 75 %[5] 85 % 85% Maximum Landscape Requirement 25%[6] 15 % 15% [1]The provisions of Chapter 18.795(Vision Clearance)must be satisfied. [2] Includes all buildings and impervious surfaces. [3]No setback shall be required except 50 feet shall be required where the zone abuts a residential zoning district. [4] Development in industrial zones abutting the Rolling Hills neighborhood shall comply with Policy 11.5.1. [5] Maximum site coverage may be increased to 80%if the provisions of Section 18.530.050B are satisfied. [6] Except that a reduction to 20%of the site may be approved through the site development review • process. I-P-Industrial Park District I-L-Light Industrial I-H-Heavy Industrial Page 3 of 4 • • 18.530.050 Additional Development Standards A. Commercial lodging in the I-P zone. The following development standards shall apply for a commercial lodging facility located in the I-P zone: 1. Site size shall be a minimum of two acres and a maximum of five acres. • 2. The site shall have access to be approved by the City Engineer to an arterial or major collector street with capacity sufficient to ensure that adequate access to local businesses is maintained. 3. Ancillary uses, also permitted in the I-P zone as contained in Chapter 18.530 shall be allowed as integral elements of the commercial lodging development, provided they comprise no more than 20%of total floor area. 4. Signage shall conform to Chapter 18.780. B. Reduction of lot coverage requirements. Lot coverage may be increased from 75% to 80% as part of the site development review process, providing the following requirements, are satisfied: 1. The minimum landscaping requirement shall be 20%of the site. 2. The applicant shall meet the following performance standards with regard to the landscaping plan approved as part of the site development review process: • a. Street trees,as required by Section 18.745.040 Cl are to be installed with a minimum caliper of three inches rather than the two inches as measured at four feet in height; b. The landscaping between a parking lot and street property line shall have a minimum width of 10 feet; c. All applicable buffering, screening and setback requirements contained in Section 18.745.050 shall be satisfied. d. The applicant shall provide documentation of an adequate on-going maintenance program to ensure appropriate irrigation and maintenance of the landscape area. C. Day care uses. The following standards shall apply for commercial day care uses in industrial zones: 1. The Environmental Impact Assessment must document noise, visible emissions. vibration, odor, glare and heat from uses within one quarter mile. A plan and program for day care facilities to provide mitigation on-site for any of the above off-site impacts must be provided. Sound attenuation walls, screening, window covering. shades, and other such means are appropriate means of mitigation and may be attached as conditions of approval. 2. The State of Oregon Child Care Division Certification Section shall be notified of the proposed site plans priorto submitting an application to insure that the plans submitted generally address the permitting requirements. 3. Prior to occupancy of'a proposed day care, evidence of certification through the State of Oregon Child Care Division shall be provided. I:\curpin\julia\zoa\zoa 1999-02 proposed changes.doc Page 4 of 4 • • ZOA1999-00003 FROM 4/11, 4/25 & 6/27 CITY COUNCIL ZONE ORDINANCE AMENDMENT TO ALLOW 40 PUBLIC HEARINGS DAY CARE USES IN INDUSTRIAL ZONES Elaine Greer Maisie Chin 29945 SW Rose 2838 SW Orchard Hill Lane Wilsonville OR 97070 Lake Oswego OR 97035 Greg Leo Milt Brown 11938 SW 25th Avenue 301 NW Murray Blvd Portland OR 97219 Portland OR 97229-5759 Mark Padgett Mark F. Mahon 11270 SW 95th 11310 SW 91 St Ct. Tigard OR 97223 Tigard OR 97223-6473 Thk-O-vrvim -1J12ut' ASOJ g ur2r-, -s-z Sc3tAq. U Pr- o I -fr /AS 0L211 42_ 2uped.,,. 10 Lb Rs--4s uign--/ Id) I LQJa "or Auou,,,,4_ , y ) ■ 5 -Publtl-4-e xto _ DwyCa,r22iks AGENDA ITEM N0. - S C-n `'\ A11-141- DATE • April 25, 2000 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. �ru o n�rv4- O p )r�,e v�-�- NAME,ADDRESS& PHONE T613iE D oh1 gray /6/ i'Jh . . sE Sul-i 11 y M S�IeMi oR g� 3 O/ 6, . 4,1f- erb.„.,, 3 0/ NW ML/rt y 61vd, „\-z. dree-. 2 sg ys Sw Ros_e. L. r�� A ls-anv,lidi aR 9-707 b/aiv- ,/ 4;,>cl' .-gw co ,, gi ,,, , / ,,,, /...„2 _.......___.„.___ ___ „. ......„..____„ . ____ .._ , , - fr.,.. _ ,......y --al7,T --'..-.-- ' c)-�3 Y i /id/ L G-P 9 935'-' * � v "1- z1� l3$ SW -2s— . e -n t.-/-- //Z/f% i c J (j/ J Cr e<?I-0'c VISITOR'S AGENDA Page 1 • • 4k AFFIDAVIT OF MAILING `` ''I' CITY OF TIGARD Community cDeve(opment • Shaping A Better Community STAr1L of OREGON ) County of Washington )ss. City of Tigard ) I, Tatricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigard, Washington County, Oregon and that I served the following: ❑ NOTICE OF PROPOSED AMENDMENT FOR: (File No/Name Reference) © NOTICE OF ADOPTION FOR: i ZOA1999-00003/CODE AMENDMENT TO ALLOW DAYCARE CENTERS IN ALL INDUSTRIAL ZONES I JUNE 27. 2000 (File No/Name Reference) (Date of Public Hearing)• ❑ NOTICE OF WITHDRAW/DENIAL FOR:[ 7 (File No/Name Reference) (Date of Public Hearing) Notice was mailed via US Certified Mail to the following agencies: El OREGON DLCD 0 METRO 0 ODOT-REGION 1,DISTRICT 2-A ATTENTION: PLAN AMENDMENT SPECIALIST 600 NE GRAND AVENUE JANE ESTES,PERMIT SPECIALIST 635 CAPITOL STREET NE,SUITE 150 PORTLAND,OR 97232-2736 5440 SW WESTGATE DR.,SUITE 350 SALEM,OR 97301-2540 PORTLAND,OR 97221-2414 A copy of the Notice of which is attached, marked Exhibit "A", was deposited in the United States Mail on June 30. 2000, postage prepaid. :��.`�_ ... (Pell.P7 - ed = ce) Subscribed and sworn/affirmed before me on the ( day of J C. , 2000. ^ OFFICIAL SEAL c'-.` ;;= SHERMAN S.CASPER d/ NOTARY PUBUC-OREGON COMMISSION NO.M Y 323409 fr/-S--"t--% - MY COMMISSION EXPIRES!AA`!i 3,2003 • NOTARY PUBLIC OF OREGON MY Commission Expires: /.31 20237 Farm 9 DLCD NOTICE OF ADOPTION CO O This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610 and OAR Chapter 660 - Division 18 (See reverse side for submittal requirements) Jurisdiction: City of Tigard Local File No.: ZOA1999-00003 (If no number,use none) Date of Adoption: June 27. 2000 Date Mailed: June 30. 2000 (Must be filled in) (Date mailed or sent to DLCD) Date the Notice of Proposed Amendment was mailed to DLCD: January 19, 2000 Comprehensive Plan Text Amendment _ Comprehensive Plan Map Amendment X Land Use Regulation Amendment _ Zoning Map Amendment New Land Use Regulation _ Other: (Please Specify Type of Action) Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached." A zone ordinance amendment to change the language of the Community Development Code to allow day care uses in all industrial zones with restrictions. Describe how the adopted amendment differs from the proposed amendment. If it is the same, write "Same." If you did not give notice for the proposed amendment, write "N/A." The language adopted allows day care uses outright with restrictions as opposed to conditionally in all industrial zones. Plan Map Change from: N/A to N/A Zone Map Change from: N/A to N/A Location: All Industrial Zones in the City of Tigard Acres Involved: N/A Specify Density: Previous: N/A New: N/A Applicable Statewide Planning Goals: 1. 2. 9. 12 and 14 Was an Exception adopted? Yes: _ No: X DLCD File No.: Form 2 *p'Ialrie,Department of Land Conservation and Development receive a Notice of Proposed Amendment FORTY FIVE (45) days prior to the first evidentiary hearing? Yes: X No: {47 Days) If no, do the Statewide Planning Goals apply. Yes: _ No: If no, did The Emergency Circumstances Require immediate adoption. Yes: No: _ Affected State or Federal Agencies, Local Governments or Special Districts: DLCD. Metro and ODOT Local Contact: Julia Powell Hajduk Area Code + Phone Number: (503) 639-4171 Address: 13125 SW Hall Boulevard City: Tigard. Oregon Zip Code + 4: 97223 ADOPTION SUBMITTAL REQUIREMENTS This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610 and OAR Chapter 660- Division 18 1. Send this Form and Two (2) Copies of the Adopted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITAL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 COPY TO: Metro Land Use & Planning ODOT- Region 1, District 2-A 600 NE Grand Avenue Jane Estes, Permit Specialist Portland, OR 97232-2736 5440 SW Westgate Drive, Suite 3 Portland, OR 97221-2414 2. Submit Two (2) copies of adopted material, if copies are bounded please submit two (2) complete copies of documents and maps. 3. Please Note: Adopted materials must be sent to DLCD not later than five (5) working days following the date of the final decision on the amendment. 4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings and supplementary information. 5. The deadline to appeal will be extended if you do not submit this Notice of Adoption within five working days of the final decision. Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date, the "Notice of Adoption" is sent to DLCD. 6. In addition to sending the "Notice of Adoption" to DLCD, you must notify persons who participated in the local hearing and requested notice of the final decision. 7. Need More Copies? You can copy this form to 8-1/2x11 green paper only ; or call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or Email your request to Larry.French @state.or.us -ATTENTION: PLAN AMENDMENT SPECIALIST. I. , • • "EXHIBIT A" CITY OF TIGARD, OREGON ORDINANCE NO. 00- 2-3 AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE TO ALLOW DAY CARE USES IN INDUSTRIAL ZONES WHEREAS, the applicant requested a Zone Ordinance Amendment to allow day care uses either conditionally or outright in all industrial zones; and WHEREAS, the City Council opened a Public Hearing on the request on April 11, 2000 and heard testimony on April 25, 2000 and indicated they were supportive of the proposed zone change and directed staff to prepare langauge and an Ordinance for Council review and approval; and WHEREAS, Staff prepared recommended language and an Ordinance which was discussed at the June 20,2000 City Council work sesssion; and WHEREAS, the City Council determined that the proposed language adequately addressed concerns regarding protecting both the proposed daycare uses, as well as, existing adjacent industrial uses; and WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Sections 18.380 and 18.390; Comprehensive Plan Policies 5 and 12.3; The Metro 2040 Plan; and Statewide Planning Goals 1, 2, 9, 12 and 14; and WHEREAS, the City Council has determined that the proposed zone ordinance amendment is consistent with the applicable review criteria and that approving the request would be in the best interest of the City of Tigard. NOW,THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The specific text amendements attached to this Ordinance are hereby adopted and approved by the City Council. PASSED: This g day of Cru.VLQJ ,2000. Mayor-City o igard Brian J. Moore, Council President ATTEST• 7/ 5“- 7/1/3-4. recorder City of Tigard Greer A. Gaston, Deputy City Recorder ORDINANCE NO. 00- 9 3 is\curpin\julia\zoa1999-03ORDdoc Page 1 of 1 19-Jun-00/9:47 AM • • **DRAFT** PROPOSED CHANGES FOR OUTRIGHT PERMITTED USE, WITH RESTRICTIONS TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES • USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living R' R' R' Group Living N N . N Transitional Housing N N N Home Occupation N N N CIVIC(INSTITUTIONAL) Basic Utilities C C P Colleges N N N Community Recreation N N N Cultural Institutions N . N N Day Care RZ 3-1) R3=-2 R3=9- Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities , P P P Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Eating and Drinking Establishments R2 N . N Entertainment-Oriented - Major Event Entertainment N N N - Outdoor Entertainment P N N - Indoor Entertainment P N N - Adult Entertainment N N N General Retail - Sales-Oriented R2 N N - Personal Services R2 N N - Repair-Oriented P N N - Bulk Sales N N N - Outdoor Sales N P P - Animal-Related P P P Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C' P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P Page 1 of 4 • • • • TABLE 18.530.1 (CON'T) . USE CATEGORY I-P I-L I-H INDUSTRIAL Industrial Services • N P P Manufacturing and Production . - Light Industrial P P P - General Industrial N P P - Heavy Industrial N N P Railroad Yards N N P_ Research and Development P P P Warehouse/Freight Movement N P P Waste-Related N N P Wholesale Sales R4 P P OTHER Agriculture/Horticulture P5 P5 P5 Cemeteries N C N Detention Facilities C N C Heliports . C C C Mining N N P Wireless Communication Facilities P/R6 P . P Rail Lines/Utility Corridors P P P Other NA NA P8 P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'A single-family detached dwelling or single-family mobile or manufactured home allowed for caretaker or kennel owner/operator when located on the same lot as the permitted use and is exclusively occupied by the caretaker or kennel owner/operator and family. 2These limited uses, separately or in combination, may not exceed 20% of the entire square footage within a development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. 3In-home day care which meets all state requirements permitted by right. 4Permitted if all activities, except employee and customer parking, are wholly contained with a building(s). 5When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 6See Chapter 18.798, Wireless Communication Facilities, for definition of permitted and restricted facilities in the I-P zone. 'Vehicle fuel sales permitted outright unless in combination with convenience sales, in which • case it is permitted conditionally. 8Explosive storage permitted outright subject to regulations of Uniform Fire Code. Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with 18.530.050.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor openspace setbacks. Page 2 of 4 • • 18.530.040 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370. 2. All other applicable standards and requirements contained in this title. B. Development Standards. Development standards in industrial zoning districts are contained in Table 18.530.2 below: TABLE 18.530.2 DEVELOPMENT STANDARDS IN INDUSTRIAL ZONES STANDARD I-P I-L I-H Minimum Lot Size None None None Minimum Lot Width 50 ft. 50 ft. 50 ft. Minimum Setbacks -Front yard 35 ft. 30 ft. 30 ft. -Side facing street on corner& through lots[1] 20 ft. 20 ft. 20 ft. -Side yard 0/50 ft. [3] 0/50 ft.[3] 0/50 ft. [3] -Rear yard 0/50 ft. [3][4] 0/50 ft.[3] 0/50 ft. [3] -Distance between front of garage &property line abutting a public or private street -- -- -- Maximum height 45 ft. 45 ft. 45 ft. Maximum Site Coverage[2] 75 %15] 85 % 85% Maximum Landscape Requirement - 25 %[6] 15 % 15% [1]The provisions of Chapter 18.795 (Vision Clearance)must be satisfied. [2] Includes all buildings and impervious surfaces. [3]No setback shall be required except 50 feet shall be required where the zone abuts a residential zoning district. [4]Development in industrial zones abutting the Rolling Hills neighborhood shall comply with Policy 11.5.1. [5] Maximum site coverage may be increased to 80%if the provisions of Section 18.530.050B are satisfied. [6] Except that a reduction to 20%of the site may be approved through the site development review process. I-P- Industrial Park District I-L-Light Industrial I-H-Heavy Industrial Page 3 of 4 • • 18.530.050 Additional Development Standards A. Commercial lodging in the I-P zone. The following development standards shall apply for a commercial lodging facility located in the I-P zone: 1. Site size shall be a minimum of two acres and a maximum of five acres. 2.. The site shall have access to be approved by the City Engineer to an arterial or major collector street with capacity sufficient to ensure that adequate access to local businesses is maintained. 3. Ancillary uses, also permitted in the I-P zone as contained in Chapter 18.530 shall be allowed as integral elements of the commercial lodging development, provided they comprise no more than 20%of total floor area. 4. Signage shall conform to Chapter 18.780. B. Reduction of lot coverage requirements. Lot coverage may be increased from 75% to 80% as part of the site development review process, providing the following requirements are satisfied: 1. The minimum landscaping requirement shall be 20% of the site. 2. The applicant shall meet the following performance standards with regard to the landscaping plan approved as part of the site development review process: • a. Street trees, as required by Section 18.745.040 Cl are to be installed with a minimum caliper of three inches rather than the two inches as measured at four feet in height; b. The landscaping between a parking lot and street property line shall have a minimum width of 10 feet; c. All applicable buffering, screening and setback requirements contained in Section 18.745.050 shall be satisfied. d. The applicant shall provide documentation of an adequate on-going maintenance program to ensure appropriate irrigation and maintenance of the landscape area. C. Day care uses. The following standards shall apply for commercial day care uses in industrial zones: 1. The Environmental Impact Assessment must document noise, visible emissions. vibration, odor, glare and heat from uses within one quarter mile. A plan and program for day care facilities to provide mitigation on-site for any of the above off-site impacts must be provided. Sound attenuation walls, screening, window covering. shades. and other such means are appropriate means of mitigation and may be attached as conditions of approval. 2. The State of Oregon Child Care Division Certification Section shall be notified of the proposed site plans priorto submitting an application to insure that the plans submitted generally address the permitting requirements. 3. Prior to occupancy of a proposed day care, evidence of certification through the State of Oregon Child Care Division shall be provided. 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'''41' t■' rel-lr '' r 1-' '"*..*71;4 '40,14,...444'4Ra 4 irz, ;tar-,,4* ..., il...sicw.,A.,r„r,,,,,,..„,,,,,,,, •Iltr, Pr . ,•,,,t1.,....: ,I71 I Tr.- ,,,t. . .. : 13 .....,-• r• -'• ' ....".. .. relL ,. ,,,...„,„1,.,...,.,,...!:„:„..,......1,,..„..11. l',1e4t '.- 0 0• , •••• 1 4,1", '4",' siAi ;11 .U4r1ErIA. MEM l'''.•;'.•'1, ..'■'' `t• . * : Z Xx• . , ,' 4.1.4,0,,,,,,...,,,,il:... ,,,m,„ .: i .11 foal A474...01,•''. Er4 %,... ll•••.. i.k..1:'zr.Zir.i.:4:tiliV4 47;.7.r4: •- rn •,‹• 4 PaelPil. -.•,'.. --1- '-'•-/ aikiik'. -----1.. -11 / • ' it7:;•, • r- • 73. • . m . CITY OF TIGARD PLANNING DIVISION • • • • • A AFFIDAVIT OF MAILING ' CRY OF TIGARD Community(Development Shaping Better Community STATE OF OREGON- ) County of Washington )ss. City of Tigard ) • I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigard, Washington County, Oregon and that I served the following: (Check Apaop�ce Box(s)aebw) ❑ NOTICE OF PENDING LAND USE APPLICATION FOR: ❑ AMENDED NOTICE (File No/Name Reference) ❑ City of Tigard Planning Director ❑ NOTICE OF DECISION FOR: • ❑ AMENDED NOTICE (File No/Name Reference) ❑ City of Tigard Planning Director ❑ NOTICE OF PUBLIC NEARING FOR: Gi / ❑ AMENDED NOTICE (File NoJName Reference) (Date of Public Hearing) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council © NOTICE OF FINAL ORDER FOR: ZOAI999-00003/AMENDMENT TO ALLOW DAY CARE USES IN INDUSTRIAL ZONES ORDINANCE NO. 2000-23 1 JUNE 21, 2000 ❑ AMENDED NOTICE (File NolName Reference) (Date of Public Hearings) • ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission • Tigard City Council ❑ NOTICE OF: (Type/Kind of Notice) FOR: (File No/Name Reference) (Date of Public Hearing,if applicable) A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICES] of which is attached, mark-d Ex Ibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked a -bit'B" on lune 3 L 2000 Id dept ited in e United States Mail on lune 30,2000, postage prepaid. /�. (Person .!pare• otic:) Subscribed and sworn/affirmed be ore me on the ( 9 day of 3.L ��/ , 2000. OFFICIAL SEAL '- - SHERNIAfd S.-;ASPEN NOTARY PUBLIC OF ORE 0 COMMISSION NO 23409 • • MY COMMISSION WIRES MAY 13,2003 My Commission Expires: f.? "20a? • • "EXHIBIT A" • CITY OF TIGARD, OREGON ORDINANCE NO. 00- 23 _ AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE TO ALLOW DAY CARE USES IN INDUSTRIAL ZONES WHEREAS, the applicant requested a Zone Ordinance Amendment to allow day care uses either conditionally or outright in all industrial zones; and WHEREAS, the City Council opened a Public Hearing on the request on April 11, 2000 and heard testimony on April 25, 2000 and indicated they were supportive of the proposed zone change and directed staff to prepare langauge and an Ordinance for Council review and approval; and WHEREAS, Staff prepared recommended language and an Ordinance which was discussed at the June 20, 2000 City Council work sesssion; and WHEREAS, the City Council determined that the proposed language adequately addressed concerns regarding protecting both the proposed daycare uses, as well as, existing adjacent industrial uses; and WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Sections 18.380 and 18.390; Comprehensive Plan Policies 5 and 12.3; The Metro 2040 Plan; and Statewide Planning Goals 1, 2, 9, 12 and 14; and WHEREAS, the City Council has determined that the proposed zone ordinance amendment is consistent with the applicable review criteria and that approving the request would be in the best interest of the City of Tigard. NOW,THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The specific text amendements attached to this Ordinance are hereby adopted and approved by the City Council. PASSED: This day of S U.YLPJ <2000. Mayor-City o igard-- • Brian J. Moore, Council President ATTEST• -- - - ' - _ • . Greer A. Gaston,Deputy City Recorder ORDINANCE NO. 00- 2 is\curpin\julia\zoa1999-03ORDdoc Page 1 of 1 19-Jun-00/9:47 AM • • "*DRAFT** PROPOSED CHANGES FOR OUTRIGHT PERMITTED USE, WITH RESTRICTIONS TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES • USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living R' R' R' • Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC(INSTITUTIONAL) Basic Utilities C C P Colleges N N N Community Recreation N N N Cultural Institutions N N N Day Care Ra 3=2 R3-J- R3=2 Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Eating and Drinking Establishments R2 N N Entertainment-Oriented - Major Event Entertainment N N N - Outdoor Entertainment P N N - Indoor Entertainment P N N - Adult Entertainment N N N General Retail - Sales-Oriented R2 N N - Personal Services R2 N N - Repair-Oriented P N N - Bulk Sales N N N - Outdoor Sales N P P - Animal-Related P P P Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C' P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P Page 1 of 4 III • TABLE 18.530.1 (CON'T) USE CATEGORY 1-P I-L I-H INDUSTRIAL Industrial Services N P P Manufacturing and Production - Light Industrial P P P - General Industrial. N P P - Heavy Industrial N N P Railroad.Yards N N P. Research and Development P P P Warehouse/Freight Movement N P P Waste-Related N N P Wholesale Sales R4 P P OTHER Agriculture/Horticulture P5 P5 P5 Cemeteries • N C N . Detention Facilities C N C Heliports . C C C Mining N N P Wireless Communication Facilities P/R6 P P Rail Lines/Utility Corridors P P P Other NA NA P8 P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'A single-family detached dwelling or single-family mobile or manufactured home allowed for caretaker or kennel owner/operator when located on the same lot as the permitted use and is exclusively occupied by the caretaker or kennel owner/operator and family. 2These limited uses, separately or in combination, may not exceed 20% of the entire square footage within a development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. 'In-home day care which meets all state requirements permitted by right. 4Permitted if all activities, except employee and customer parking, are wholly contained with a building(s). SWhen an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 6See Chapter 18.798, Wireless Communication Facilities, for definition of permitted and restricted facilities in the I-P zone. Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is permitted conditionally. 'Explosive storage permitted outright subject to regulations of Uniform Fire Code. Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with 18.530.050.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor openspace setbacks. Page 2 of 4 • • • 18.530.040 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370. 2. All other applicable standards and requirements contained in this title. B. Development Standards. Development standards in industrial zoning districts are contained in Table 18.530.2 below: TABLE 18.530.2 DEVELOPMENT STANDARDS IN INDUSTRIAL ZONES STANDARD I-P I-L I-H Minimum Lot Size None None None Minimum Lot Width 50 ft. 50 ft. 50 ft. Minimum Setbacks -Front yard 35 ft. 30 ft. 30 ft. -Side facing street on corner& through lots [1] 20 ft. 20 ft. 20 ft. -Side yard 0/50 ft. [3] 0/50 ft.[3] 0/50 ft. [3] -Rear yard 0/50 ft. [3][4] 0/50 ft.[3] 0/50 ft. [3] -Distance between front of garage &property line abutting a public or private street -- -- -- Maximum height 45 ft. 45 ft. 45 ft. Maximum Site Coverage[2] 75%[5] 85 % 85% Maximum Landscape Requirement 25%[6] 15 % 15% [1]The provisions of Chapter 18.795(Vision Clearance)must be satisfied. [2] Includes all buildings and impervious surfaces. [3]No setback shall be required except 50 feet shall be required where the zone abuts a residential zoning district. [4] Development in industrial zones abutting the Rolling Hills neighborhood shall comply with Policy 11.5.1. [5] Maximum site coverage may be increased to 80%if the provisions of Section 18.530.050B are satisfied. [6] Except that a reduction to 20%of the site may be approved through the site development review process. I-P- Industrial Park District I-L-Light Industrial I-H-Heavy Industrial Page 3 of 4 • • 18.530.050 Additional Development Standards A. Commercial lodging in the I-P zone. The following development standards shall apply for a commercial lodging facility located in the I-P zone: 1. Site size shall be a minimum of two acres and a maximum of five acres. • 2. The site shall have access to be approved by the City Engineer to an arterial or major collector street_with capacity sufficient to ensure that adequate access to local businesses is maintained. 3. Ancillary uses, also permitted in the I-P zone as contained in Chapter 18.530 shall be allowed as integral elements of the commercial lodging development, provided they comprise no more than 20%of total floor area. 4. Signage shall conform to Chapter 18.780. B. Reduction of lot coverage requirements. Lot coverage may be increased from 75% to 80% as part of the site development review process, providing the following requirements are satisfied: 1. The minimum landscaping requirement shall be 20% of the site. 2. The applicant shall meet the following performance standards with regard to the landscaping plan approved as part of the site development review process: • a. Street trees,as required by Section 18.745.040 Cl are to be installed with a minimum caliper of three inches rather than the two inches as measured at four feet in height; b. The landscaping between a parking lot and street property line shall have a minimum width of 10 feet; c. All applicable buffering, screening and setback requirements contained in Section 18.745.050 shall be satisfied. d. The applicant shall provide documentation of an adequate on-going maintenance program to ensure appropriate irrigation and maintenance of the landscape area. C. Day care uses. The following standards shall apply for commercial day care uses in industrial zones: 1. The Environmental Impact Assessment must document noise, visible emissions. vibration, odor, glare and heat from uses within one quarter mile. A plan and program for daycare facilities to provide mitigation on-site for any of the above off-site impacts must be provided. Sound attenuation walls, screening, window covering. shades, and other such means are appropriate means of mitigation and may be attached as conditions of approval. 2. The State of Oregon Child Care Division Certification Section shall be notified of the proposed site plans prim-to submitting an application to insure that the plans submitted generally address the permitting requirements. 3. Prior to occupancy of a proposed day care, evidence of certification through the State of Oregon Child Care Division shall be provided. I:\curpin\julia\zoa\zoa 1999-02 proposed changes.doc Page 4 of 4 . • • EXHIBIT B John L. Brosy ZOA1999-00003 161 High Street SE, Suite 204 ZONE ORDINANCE AMENDMENT TO ALLOW Salem OR 97301 DAY CARE USES IN INDUSTRIAL ZONES Jim Blackwell Learning Tree Day Care Center 29880 SW Town Center Loop West Wilsonville OR 97070 Jack Steiger 301 NW Murray Boulevard Portland OR 97229 Jim Blackwell 1- FROM PLANNING COMMISSION 2838 SW Orchard Hill PUBLIC HEARING Lake Oswego OR 97035 • • • AFFIDAVIT OF MAILING A CITY OF 71GARD Community cDeveropment • Shaping Better Community STALE OAF OREGON ) • County of Washington )ss. City of Tigard ) • I, cPatricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of7igard, Washington County, Oregon and that I served the following: © NOTICE OF PROPOSED AMENDMENT FOR: /ZOAI999-00003/CODE AMENDMENT TO ALLOW DAYCARE CENTERS IN ALL INDUSTRIAL ZONES (File No/Name Reference) ❑ NOTICE OF ADOPTION FOR: t: (File No/Name Reference) (Date of Public Hearing) ❑ NOTICE OF WITHDRAW/DENIAL FOR: (File NoJName Reference) (Date of Public Hearing) Notice was mailed via US Certified Mail to the following agencies: 0 OREGON DLCD I METRO a ODOT-REGION 1,DISTRICT 2-A ATTENTION: PLAN AMENDMENT SPECIALIST 600 NE GRAND AVENUE JANE ESTES,PERMIT SPECIALIST 635 CAPITOL STREET NE,SUITE 150 PORTLAND,OR 97232-2736 5440 SW WESTGATE DR.,SUITE 350 SALEM,OR 97301-2540 PORTLAND,OR 97221-2414 A copy of the Notice of which is attached, marked Exhibit "A", was deposited in the United States Mail on January 19. 2000, postage prepaid. ■ L}atlie4; • (Pe son that Prepares •ti • Subscribed and sworn/affirmed before me on the / day of )12 , 2000. • �« ,l OFFICIAL SEAL SHERMAN S.CASPER 'y NOTARY PUBLIC.OREGON `u1J COMMISSION NO.323409 MY COMMISSION EXPIRES MAY IS,2003 NOTARY PUBLIC OF OREGON My Commission Expires:le, /3 2-0o3 • Forrp21„, • • DLCD NOTICE OF PROPOSED AMENDME ► • % 1(received by DLCD at least 45 days prior to the first evidentiary - " • This form must be rece y y p ry per ORS 197.610, OAR Chapter 660 - Division 18 °C. p). and Senate Bill 543 and effective on June 30, 1999 (See reverse side for submittal requirements) Jurisdiction: City of Tigard Local File No.: ZOA1999-00003 (If no number,use none) Date of First Evidentiary Hearing: 3/6/2000 Date Mailed: 1/19/2000 (47 Days) (Must be filled in) (Date mailed or sent to DLCD) Has this proposal been submitted to DLCD? _Yes X No Date: N/A Comprehensive Plan Text Amendment _ Comprehensive Plan Map Amendment X Land Use Regulation Amendment _ Zoning Map Amendment New Land Use Regulation _ Other: (Please Specify Type of Action) Briefly summarize the proposal. Do not use technical terms. Do not write "See Attached." The applicant is proposing a Zone Ordinance Amendment to change the City of Tigard Community Development Code to allow daycare uses outright or conditionally in all Industrial zoned properties. Plan Map Change from: N/A to N/A Zone Map Change from: N/A to N/A Location: All Industrial Zones in the City of Tigard Acres Involved: N/A Specified change in Density: Current: N/A Proposed: N/A Applicable Statewide Planning Goals: 2 and 9 Is an Exception proposed?_Yes X No Affected State or Federal Agencies, Local Governments or Special Districts: DLCD. Metro and ODOT. Local Contact: Julia Powell Hajduk Area Code + Phone Number: 503-639-4171 Address: 13125 SW Hall Boulevard City: Tigard Zip Code + 4: 97223- DLCD No.: Form 1 • • SUBMITTAL REQUIREMENTS This form must be received by DLCD at least 45 days prior to the first evidentiary hearing per ORS 197.610,OAR Chapter 660-Division 18 and Senate Bill 543 and effective on June 30, 1999. 1. Send this Form and Two (2) Copies of the Proposed Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITAL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 COPY TO: Metro Land Use & Planning 600 NE Grand Avenue Portland, OR 97232-2736 ODOT— Region 1, District 2-A Jane Estes, Permit Specialist 5440 SW Westgate Drive, Suite 3 Portland, OR 97221-2414 2. Unless exempt by ORS 197.610 (2), proposed amendments must be received at the DLCD's SALEM OFFICE at least FORTY-FIVE (45) before the first evidentiary hearing on the proposal. The first evidentiary hearing is usually the first public hearing held by the jurisdiction's planning commission on the proposal. 3. Submittal of proposed amendments shall include the text of the amendment and any other information the local government believes is necessary to advise DLCD of the proposal. "Text" means the specific language being added to or deleted from the acknowledged plan or land use regulations. A general description of the proposal is not adequate. 4. Submittal of proposed "map" amendments must include a map of the affected area showing existing and proposed plan and zone designations. The map should be on 8 1/2 x 11 inch paper. A legal description, tax account number, address or general description is not adequate. 5. Submittal of proposed amendments which involve a goal exception must include the proposed language of the exception. 6. Need More Copies? You can copy this form on to 8-1/2x11 green paper only8-1/2x11 green paper only; or call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or email your request to Larry.French @state.or.us — ATTENTION: PLAN AMENDMENT SPECIALIST. 7` I • • JOHN L. BROSY High 161 Hi Suite te 204 04 Salem,OR 97301 Land Planning and Development Services (503)316-1842 • Supplemental Information City of Tigard File ZOA 1999-0003 Legislative Code Amendment Request Re: Day Care Centers in Industrial Zones The legislative code change proposal to allow day care centers as outright or conditional uses in industrial zones in the City of Tigard conforms to pertinent City of Tigard • Comprehensive Plan, and Statewide Planning Goals in the following ways: Tigard Comprehensive Plan Volume II, of the City of Tigard Comprehensive Plan entitled "Findings, Policies& Implementation Strategies, is a decision-making consideration under TMC 18.390.060(G). That document includes Section 12.3, Locational Criteria/Industrial. Please note that Section 11, Special Areas of Concern does not include any policies or strategies that would be affected by the proposed code change. Implementation item 3 under 12.3, Industrial, states: "Protect existing and potential lands suitable for industrial development from encroachment by non-industrial or incompatible uses." Our application explains that the average commercial day care center only occupies less than one acre, and because of the desire to have day care facilities near places of employment, such land uses are complimentary to industrial areas and should be seen as supporting the viability of the large, existing industrial areas in Tigard by making those industrial areas more attractive to employees with young children. Many parents of very young children visit those children during the work day, so proximity of day care to employment centers reduces vehicle trip miles. The application material already submitted indicated that the average day care center business occupies less than one acre. They do not pose a significant threat to the supply of industrial land. Please refer to the City of Tigard zoning map. Other than the large amount of I-P, I-H and I-L zoned lands as shown on the City zoning map (portion) included in the application, there is only.one other area of industrial zoning in the entire city limits of Tigard. This is the,smaller area running along the SPRR tracks and Tigard Avenue • northwest of Hwy. 99, and including the Koll Business Center on the Tigard side of Scholls Ferry Road and the area extending to south of Hwy. 217 and west of Greenburg Road. Distribution of day care centers in other cities suggest that if the code is amended, the City of Tigard may ultimately expect, at the most, only two or three new day care businesses in the southeast industrial area as shown on the map included in the code amendment request. • • • Supplement to:ZOA 199970003 Because that other industrialarea described aboves•smaller•and,narrowe i narrower, and.there are other sites.nearby that:would:also allow cares as outright:or conditional uses; it is not likely,that any More day cares will belocatedJnr.that area jn,thefOreseeable:future if the ... • code were changed as proposed:'-Much:ofthat other industrial area.has the 'constraint of theFanno..Creek flood' lain::`.'.. " ':` ^ ',Although not s ecificall �noted in:the"Plans olicies°.for iridustrial_lands.in Ti Bard `it 'seems :;::. p Y ,... p g �: • -prudent to-encourage complimentary, supportive land uses such asday care centers that reduce vehicle trip miles;on the transportation network,'and that are desired:by employees. • of industrial-areas (see Statewide-Goals,below). , Metro Metro's Region"2040 Plan does:not-,have specific.-policies;or code.issues.that.relate to the, - . ::.kind of complimentary land,uses that:should be per'mitted::or otherwise encouraged by ': Tigard in its industrial_districts".This was confrmed'-by senior'planners of the:City Of Tigard and Metro. Statewide Planning Goals Statewide Goal 9,Economic Development requires Comprehensive plans:for urban areas _to "(3.). Provide for at=least,an adequate supply of sites of suitable'siies,:types; Vocations, and service levels fora•variety:of industl'1aI and coniniei vial use consistent with plafrpolicies." While the.City Of Tigard has:a very:successful and large,competitive . _ ..southeastern area devoted to industrial.uses, employees with day care-age children must,.. travel outside this large area for.daycare services: This is because of the`'large- :.' • concentration of industrial zoning:that'now;do not allow day cares.as'either.outright or:' : . • •conditional uses.. Day care should be.considered.a valuable,:complimentary land.use for': high.quality industrial areas of Tigard::Their locations are now-unnecessarily,restricted by. • the City of Tigard Zoning Code. - ' `Another requirement for Comprehensive plans in.Statewide;Goal is,"(4:) Limit uses,o�i. • or hear sites zones for specific industrial and commercial uses to those which are.. compatible with proposed uses.." Similar language exists in the Tigard Plan. The highest level of compatible use is one that is actually also complimentary`to the primary mission=of . the area which is industrial. Day care businesses located suitably close to large • ,employment centers are desired features for.the employees of an industrial area, and thus, the competitive health of Tigard's industrial'areas. ." . -Supplement to ZOA 1999-0003. : " •• Page.3. :. , "Statewide.Goal 12.is Transportation.-.,Oregon Administrative Rules (OAR) include"::•' - Division 012, .Transportation Planning; and the Transportation Planning Rule (TPR),' - •which implements Statewide.Planning`Goal 12: The first sentence of.the purpose'section- . " ' : of the TPR.(OAR 660-012-0000):is: ' ` - 'The ir ose of this divis ror ,rs:to implement Statewide Plaiinin Goal 12 ; -" =" . ' . ., :".(Tiaiisportation) and promote-the developnierit of safe, convenient intdecofromic; :; ;'.. "- . "' transportation systems.that:are designed to redrice-reliance on the.automobile.so.that the _ : _ : ..air pol hrtiofi,.-traffic and other livability problems:faced by.urban.areas in.other parts'of -` :-' >_ . the country might:be avoided ". '' . - : ' .:" : '... ... .. ;.. : : ::•,:: . ''. :..: : .....: ,- . Later in the•same paragraph,.the Purpose statement continues:``; • -; " . - "This portion of the rifle aims to iinprove;the livability-of urban'irteas;by proriiotiiig ' changes in.land usepc:uteri's'i and the e.tiansportation system:that-make:it ore colivenient • ' - " for people to walk,•bicycle;and"use transit, and drive'less to meet their m daily. needs. - Changing=land use and travel patteilis s-will also complenietrt state.acid local efforts'to -, -- •= - iiieet other objectives,:including containing urban development i'educing'the;cost`Of " •• public services,protectiiig farin and forest-land,reducing air;,water and-noise pollution,, conservingenergy.and reducing enussions of greenhouse that:contributeto : _• .:global climate change:::Q, • - ,' ,• (emphasis,added) . One important decision-making factor.for parents .choosing day:"cares is .proximity to place - . • - . . of work. Allowing day cares as outright or.conditional uses in Tigard industrial.zones-that • - ; , , . are significantly large concentrations of employment:will compliment;the purposes of the••industrial,zones in the City and•will,enable people"to drive less vehicle miles• and therefore• • - :reduce air pollution;conserve energy and reduce�emissions:.:This effect,is particularly ' - : - , ' . evident for parents of very young children in day cares, as previously.,stated in.this . . application.: The TPR requires:Metro and.the Cit_y.of Tigard to adopt Transportation System Plans : . (TSP's). One•measurable objective of the TSP for_Metro",(ofwhich;Tigard is a part):is a ; . " • : 10% reduction in automobile vehicle miles traveled (VMT) per capita for the`Metro " - _--.- area within:20 years of adoption of a (TSP) plan." In addition that siigniificant objective, • . - •. an additional 5% reduction of VMT within•30 years of adoption of the TSP is " • " : . required "subsequent,planning efforts" [OAR 660-012=003-5,(4)(b).and'(c)]. " .• Supplement to.ZOA 1999-0003 : _ Page.4 This proposed amendment to:the City of-.Tigard Code will help.reduce VMT, for;the, , 'reasons already-stated = • • • JLB City Of bard : Total Industrial Ares Acres 5/4/99 ZONING TYPE OVERLAY ACRES I-P COM 184.51 I-P IND 5.77 I-P IND • 53.17 I-P IND 12.54 I-P IND 215"29 I-P IND 79.82 551.10 I-L IND 14.32 I-L COM 363.71 378.03 I-H IND 58.04 58.04 Total Industrial 987.17 There are approximately 160 parcels in Zones I-P, I-L,and I-H. 1 ITY of TIGARD I C . ....... . ••• - -• - („:" 1 r , ,.... ...,...„.,, ,P.,,,,,...,,,,,,.., ...z...*•::;:::.::::„. ,.,..,.....„•-.:,:......•:,....•......,, ... :p.:1:::.: „......i 4: :44:',.:......:...411" •' ,Fi..-.7: •.:■:..: liNfelf.4.4 •%•:::::::::.:::.;:•••••q:.:::::i:. 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BROSY 161 High St:SE Suite 204 Salem,OR 97301 Land Planning and Development Services (503)316-1842 July 12, 1999 Mark Roberts Associate Planner City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Legislative-Code Amendment Request Regarding Day Care Centers in. Industrial Zones Dear Mr. Roberts: • The following information supports a request to amend the City of Tigard Zoning Code, to allow child day care centers as outright or conditional uses in the City's three industrial zones (I-P, I-L and I-H). These_comznercial day centers, known by such business names in the southwest metropolitan area as Kindercare, Learning Tree and Tutor Time, are allowed in industrial zones in surrounding jurisdictions, which recognize that child care centers have an important reason to be located near places of industrial employment. Despite the common practice of other, bordering cities, Tigard remains the.only City that does not allow such uses in their three I-zones. Description of Use Type In the Tigard Code, these uses are defined as "Institutional Day Care," which is a day care facility operated for 13 or more children [Chapter.18.130, Use Classifications, Section 18.130.020(A)(5)(c). Other neighboring cities call them Child Care Facilities (Beaverton), Child Day Care Center(Tualatin), Day Care Facility(Washington County) or Daycare (Portland). These kind of day care centers typically occupy a building of approximately 7,000-10,000 square feet with a 2,000-3,000 sq. ft. playground, approximately 15-25 parking spaces, on a total parcel size of 32,000 sq. ft. to 38,000 sq: ft. In other cities, these uses are very often located on collector or arterial streets in both industrial and commercial zones. One important locational factor is that many parents spend part of their lunch hour or other part of the work day visiting their child, so proximity to place of work is important to parents. Overall trip miles are reduced when the center is located near the place of work. Close proximity to parents' work place is an important locational factor in the child care center business. • • -• Mark Roberts July 12, 1999 Page 2 Day Care Centers in Industrial Zones of Neighboring Cities The zoning codes of the four major cities (not including Durham or King City) which abut the City of Tigard were compared, as they relate to day care centers in industrial zones. Those four cities are Portland, Beaverton, Tualatin and Lake Oswego. Portland In the City of Portland, these uses are called "Daycare." As such, they are allowed as outright'uses in Portland's EG1 (General Employment 1), EG2 (General Employment 2), and EX (Central Employment) zones. They are permitted as conditional uses in that city's IG1 (General Industrial 1), IG2 (General Industrial 2), and IH (Heavy Industrial) zones. Daycare uses which are 3,000 sq. ft. or less in floor area do not require conditional uses in the IG1, IG2 or IH zones. The conditional use approval criteria in the City of Portland's industrial zones for Daycare uses are intended to promote preservation of land for industry while allowing other (daycare) uses when they are supportive of the industrial area or not detrimental to the character of the industrial area. The approval criteria are(33.815.125): A. The proposed use will not have significant adverse effects on nearby industrial firms; B. The transportation system is capable of safely supporting the proposed use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, access to arterials, transit availability, on-street parking impacts, lot access requirements neighborhood impacts, and pedestrian safety; C. The proposed use will not significantly alter the overall industrial character of the area, based on the existing proportion of industrial and non-industrial uses and the effects of incremental changes; D. The proposed use needs to be located in the industrial area or building because industrial firms or their employees constitute the primary market of the proposed use; and E. City-designated scenic resources are preserved. • • • • Mark Roberts July 12, 1999 Page 3 • Beaverton The City of Beaverton defines nursery, day or child care facility as providing care for compensation for seven or more children (* on Matrix) during a 24-hour period. As such, they are permitted as outright uses in Beaverton's IP, Industrial Park and LI, Light Industrial zones. [20.15.10(A)(17) and 20.15.15(A)(19)]. In the CI, Campus Industrial zone, they are permitted so long as they are use no greater than 60% of the land area in a "development control area." These are the only three industrial zones in the City of Beaverton (** on Matrix). In Beaverton's code section 60.40.25, there are special requirements for these facilities, wherever they are located. The outdoor play area must have a minimum of 100 sq. ft. of play area for every 1/3 of the total licensed capacity of children. The play area has fencing requirements. Facilities licenses for 40 or more children may be required to have a driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading children. Tualatin The City of Tualatin describes this same use as a Child Day Care Center(zoning code page 31-6, definitions). These uses are allowed outright in all three of that city's industrial zones. Those zones are ML, Light Manufacturing, MG, General Manufacturing and MP, Manufacturing Park. The only stipulation is that in the MP and ML zones, exterior walls and outdoor play areas shall be a minimum of 400 feet from the exterior wall and pump islands of any automobile service station, irrespective of any structures in between (*** on Matrix). • Lake Oswego The City of Lake Oswego does not define the size and kind of day care centers that are part of this city code comparison. Lake Oswego only defines facilities that regularly accommodate 12 or fewer children. All other day care facilities are considered in the broad category of "institutional uses." Lake Oswego has very little industrial zoning as a percentage of total city area. They have two industrial zones. These are called Industrial (I) and Industrial Park (IP). Institutional uses are not permitted as outright or conditional uses in these two zones. • • i •• Mark Roberts July 9, 1999 Page 4 Other Cities Two other cities are added to the comparison. Because of the large size (by Oregon standards), these cities have several similar facilities. Salem The City of Salem defines Child Day Care Center as a facility which provides child care or kindergarten for 13 or more children. Salem has four industrial zone classifications. They are called Industrial Business Campus (IBC), Industrial Park(IP), General Industrial (IG), and Intensive Industrial (II). That City allows Child Day Care Centers as outright (permitted) uses in all four industrial zones. Salem also has a "hybrid" zone called Industrial Commercial, which allows a mixture of different uses. Child Day Care Centers are not allowed as outright or conditional uses in that particular zone. Gresham Child Care Facilities are regulated by the City of Gresham as "Community Services" in • Article VIII, "Special Uses" (8.0100) of their Land Development Code. Gresham has three industrial zones. They are called Business Park(BP),Light Industrial (LI) and Heavy Industrial (HI). Child care facilities for 13 or more children are allowed in all three industrial zones through that city's Type III, Community Services approval process. This Type III process is essentially a conditional use, but is heard by Gresham's Planning Commission rather than their Land Use Hearings Officer. Day Care Centers as Land Users • It is recognized that the City of Tigard no longer has a large supply of vacant or under- utilized land zoned for industrial uses. This is locally important from a tax base standpoint. The general understanding is that residentially zoned land demands more services than it generates in property taxes, and commercial and industrial land demands • • Mark Roberts July 12, 1999 Page 5 less services than are generated in property taxes for those businesses. However, the familiar child day care centers such as Kindercare, Learning Tree, and Tutor Time typically occupy sites of less than one acre in size. As private businesses, they pay property taxes just like industrial businesses. The improvement component of a property's assessed valuation is dependent upon building cost and value. Since the typical day care center building is commercial grade construction and details, these businesses often pay more in property taxes on their real property improvements than many industrial uses now allowed in Tigard's three industrial zones. Children day care center uses are seen by almost all cities in the metropolitan region as supportive of industrial areas. Typically the sites used by children day care centers are efficiently used, because of high land values and the competitive nature of the child care business. Compatibility Issues Compatibility between children day care centers and other industrial uses, when the centers are allowed to locate in industrial zones, is handled extremely well by the competition of the private business sector. A center that is located near another use, whether it is incompatible or only perceived as incompatible, will not succeed in the marketplace which has other child care location options for parents. This situation is so obvious to those business owners that there are no examples of these kind of incompatible land uses in the southwest Portland metropolitan area. This is not because of zoning codes, because as the survey of other city code shows, day care centers are usually allowed in industrial zones. There are no incompatibility issues because of practical business decisions of day care center owners. In industrial parks where there may be many business leases with one land owner, there is an additional protection against incompatible uses, exercised by the property owner to protect his/her existing tenants. • • . Mark Roberts April July 9, 1999 Page 6 Effect of Excluding Day Care Facilities in Tigard's Industrial Zones Southeastern Tigard is where the majority of industrial land is located in the City of Tigard. In particular, the land bounded by I-5, Highway 217, Fanno Creek and the southern City limits of Tigard is dominated by I-L, I-P and I-H zones. Very little vacant land of any kind in this area has any other zone. The City of Tigard now does not allow children day care centers as outright or conditional uses in any of these three zones. This is despite the fact that a very large population of persons employed in that area use day care facilities for their children. The most significant industrial area of the City of Tigard is not and cannot be supported by even one day care use,because of the restrictions now found in the City Code. Because of the limited vacant land in Tigard, the practical effect of changing the zoning code text will probably be the location of one or possibly two new day care businesses in the large industrial area previously described. It should be noted that The City of Tigard recently completed a rezoning of the "Tigard Triangle" area which is on the north edge of the enclosed zoning map. The "Mixed Use Employment" (MUE) zone used in the Triangle does allow commercial day care centers. However, this does not solve the problem in the southeast industrial area because in fact the Triangle area is across the freeway and fairly distant from a travel-time standpoint, from much of the industrial lands in this part of the City. The MUE designation helps, but it.does not solve the siting problem for the large majority of the southeast industrial area. One effect of the peculiarity of the Tigard code as it relates to commercial day cares is that the closest day care to this area, which is located near the City limits of Tigard in the City of Durham, has a very high demand. Because of facility capacity and government requirements concerning staffing ratios and classroom space, that business cannot keep up with demand and a long waiting list must be used. That business is the Learning Tree Day School at 18115 SW Lower Boones Ferry Road,just outside the City of Tigard and south of the zoning map enclosed. According to that school's records, as of June 11, 1999, their waiting list numbered 52. The waiting list is updated regularly. Demand generally is greatest at the beginning of the school year. That school's good reputation has helped create the large waiting list, but the lack of other commercial day cares to the. north in the industrial part of the Tigard also is believed to create this situation. • • • Mark Roberts • July 12, 1999 Page 7 At the City's suggestion, the issue of scarcity of industrial land in Tigard was further researched. The technical memo from Metro titled Nonresidential Refill (Redevelopment and Infill) of April 12, 1999 was reviewed. Among other topics, this report describes the likely results of scarcity of industrial land supply._The memo had limited usefulness to individual jurisdictions. Industrial inventories are inherently subjective because when a property is underutilized from the standpoint of the current allowed zoning, it is sometimes counted as occupied and sometimes not. For example, a rental house that is located in an industrial zone may be counted as occupied land, but it clearly is land available for redevelopment by a higher value industrial use. The fact that Tigard has a small amount of vacant industrial land does not in itself reduce the importance of allowing commercial day cares as allowable uses in industrial zones. Their overall use "footprint" is relatively very small compared to other industrial uses (as described earlier in this letter), and their function actually supports the industrial districts by providing day care opportunities close to parent's employment. • Conclusion The City of Tigard, recognizing that children day care centers are supportive of industrial areas, should amend its zoning code to allow such uses as outright uses in Tigard's I-L, I-H and I-P zones. Sincerely, a Jack Jo L. Brost', AICP c: Steiger Jim Blackwell encl: Comparison Matrix City of Tigard Zoning Map (portion) • • U Comparison: Day Care Centers* In Industrial Zones See text for *'s Zone City and Zone Abbreviation Allowed Outright Conditional Uses PORTLAND: General Employment EG 1 X General Employment EG2 X . Central Employment EX X General Industrial IGl X General Industrial IG2 X Heavy Industrial IH X BEAVERTON: Industrial Park IP X Light Industrial LI X Campus Industrial CI X** TUALATIN: Light Manufacturing ML X General Manufacturing MG X Manufacturing Park MP X*** LAKE OSWEGO: Industrial I (Not specifically defined. General category of Industrial Park .IP "Institutional Uses" not allowed in I or IP zones SALEM: Industrial Business Campus IBC X Industrial Park IP X General Industrial IG X Intensive Industrial II X GRESHAM: Business Park BP X Light Industrial LI X Heavy Industrial HI X TIGARD: Industrial Park I-P (Day Care Centers are not allowed Light Industrial • I-L in any of the three industrial zones as Healy Industrial I-H outright or conditional uses in Tigard) • • Z 226 424 266 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not iico few Intomofinnol Moil/.Coo.n.emel_ Sent to Oregon Dept. of Land Conservation ATTN: LARRY FRENCH Streets 635 Capital Street NE, Suite 150 li Postofi Salem, OR 97301-2540 1 . . Postage $ 1.) ( S Certified Fee • (Li O Special Delivery Fee { Restricted Delivery Fee T 3 , Return Receipt Showing to ?OA ($�O Whom&Date Delivered p =. Return Receipt Showing to Whom, a O < Date,&Addressee's Address ti+ ` 117 • 2 TOTAL Postage&Fees 4 Cei 0 Postmark or Date �l6, e18 66.4• 0 d _ .• r SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY .■ • Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) :. Dat-of Deliv l item 4 if Restricted Delivery is desired. 4,•••• - � • Print your name and address on the reverse so that we can return the card to you. Si.nature • Attach this card to the back of the mailpiece, AV 4/ , gent or on the front if space permits. ' NY Addressee D. Is delivery address different from item 1? ❑Yes • 1. Article Addressed to: If YES,enter delivery address below: ❑ No Oregon Dept. of Land Conservation ATTN: LARRY FRENCH 635 Capital Street NE, Suite 150 3. Service Type Salem, OR 97301-2540 Certified Mail 0 Express Mail ❑ Registered ❑ Return Receipt for Merchandise - - ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes • 2. Article Nu a (Cop rom shrvic 1 ) PS Form 3811,Ju y 1999 Domestic Return Receipt 102595-99-M-1789 • • • Z 226 424, 265 : k IUS Postal Service e Receipt for Certified Mail No Insurance Coverage Provide d. 4. Do not I Metro Sentto'ATTN: LAND USE & PLANNING 1 street&,600 NE Grand Avenue Postor'Portland, OR 97232-2736 Postage $ Certified Fee .011 Special Delivery Fee i:: Restricted Delivery Fee 0) .% Return Receipt Showing to k.• a Whom&Date Delivered �- ,-, . Return Receipt Showing to �� ' `'11\ 1) Q Date,&Addressee's Address ► 9 TOTAL Postage&Fee ME; 4 . CO M Postmark or Date N A, b`d� $.,a 6'8 Q SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items*,2,and 3'Also complete A. Received by(Please Print Clearly) B. Di of Delivery r item-4--if Restricted Delivery is desired. - ,�/ • Print your name and address on the reverse C /v so that we can return the card to you. C. Signature I • Attach this card to the back of the mailpiece, /, / I ❑Agent or on the front if space permits. X d " l/ / 1 I� ❑Addressee) D. Is delivery address different ro tern 1? ❑ Yes 1. Article Addressed to: If YES,enter delivery addr- : below: ❑ No - — Metro ATTN: LAND USE &PLANNING ' 600 NE Grand Avenue 3. Service Type I Portland, OR 97232-2736 X(,ertified Mail 0 Express Mail ❑ Registered ❑Return Receipt for Merchandise 1 ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2.,2clea rin -(Copy f service Wc- PS Form 3811,July 1999 Domestic Return Receipt 102595-99-M-1789 • • • • • . . t; Z 226 424 264 3 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. ■ Do not use for International Matt rcao..vnncnl kODOT—Region 1, District 2-A .Jane Estes, Permit Specialist k ;5440 SW Westgate Drive, Suite 350 Portland, OR 97221-2414 • Postage $ Certified Fee (1 (J 0 Special Delivery Fee L Restricted Delivery Fee c to . , .k rn Return Receipt Showing to y - — 'cv, Whom&Date Delivered �• 'T -t. 4. It Realm Receipt Showing to Whom, 4 c< Date,&Addressee's Address Co i- t CI TOTAL Postage&Fees $t�a,:'� �, • € Postmark or Date t r , . fn 0.0311. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete . A. Received by(Please Print Clearly) B. Date .f r elivery I 'i item 4 if Restricted Delivery is desired. .. • Print your name and address on the reverse • so that we can return the card to you. Si to • Attach this card to the back of the mailpiece, X 6//- -5,%"" ❑ 'gent or on the front if space permits. �— ❑Addressee y.-t •eiive •address different from item 1? ❑Yes 1. Article Addressed to _ /� —''�`�� �f entere •\very address below: ❑ No'' .7c---- c:I . ODOT—Region 1, District 2-A °o Jane Estes, Permit Specialist 1 ^�^ 5440 SW Westgate Drive, Suite 350, . service�Q�r Portland, OR 97221-2414 - ed Mail ❑Express Mail ❑ Registered ❑Return Receipt for Merchandise - ❑ Insured Mail ❑C.O.D. f 4. Restricted Delivery?(Extra Fee) ❑Yes 1 2. Article Num fro bel /z -- I PS Form 3811,July 1999 Domestic Return Receipt 102595-99-M-1789 • ._. _____ • • A AFFIDAVIT OF MAILING '''' CITY OF TIGARD Community rDeveCopment • Shaping Better Community STATE OAF OXEGON ) County of Washington )ss. City of Tigard ) I, Shirley L. Treat, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist I for the City of Tigard, Washington County, Oregon and that I served the following: (check Appropriate eox(s)Beiow) ❑ NOTICE OF: PENDING APPLICATION FOR: ❑ AMENDED NOTICE (Type/Kind of Notice) (File No./Name Reference) (14-Day Comment Period) ❑ City of Tigard Planning Director • ❑ NOTICE OF TYPE I DECISION FOR:L7 ❑ AMENDED NOTICE (File No/Name Reference) . ❑ City of Tigard Planning Director E NOTICE OF PUBLIC HEARING FOR: i7CODE AMENDMENT TO ALLOW DAYCARE CENTERS IN ALL INDUSTRIAL ZONES LZOA)1999-00003 ❑ AMENDED NOTICE (File No/Name Reference) (Date of Public Hearing) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission IX Tigard City Council ❑ NOTICE OF FINAL ORDER FOR: E . ❑ AMENDED NOTICE (File No/Name Reference) (Date of Public Hearing) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICES] of which is attached, marked Exhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B",on March 21. 2000, and deposited in the United States Mail on March 21. 2000, postage prepaid. ( rson that Prepared Notice) Subscribed and sworn/affirmed before me on the /vz day of //Rove- , 200c. / // / . ;. OFFICIAL SEAL /ter r� 1�.iii GEORGIA OBERKAMPER NOT' .Y PO'"C OF I .EGON NOTARY PU ES AUG. GON COMMISSION No.915664 • My Commission Expires: r4— 75� A 0°)K. MY COMMISSION EXPIRES AUG.25,2002 NOTICE TO MORTGAGEE, LIENHO R,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES IF YOU RECEIVE THIS NOTICE, OEXHI3IT A IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. • CITY OF TIGARD Community cDeveropment Shaping A Better Community PUBLIC HEARING NOTICE This is to notify you that the City of Tigard has proposed a land use regulation that will affect the permissible uses of your land. NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL,AT A MEETING ON TUESDAY, APRIL 11. 2000 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE ADOPTION OF AN ORDINANCE. The City of Tigard has determined that adoption of this Ordinance will affect the permissible uses of your property and may reduce the value of your property. The details of the proposed Code Amendment are as follows: FILE NO.: ZONE ORDINANCE AMENDMENT(ZOAI 1999-00003 FILE TITLE: CODE AMENDMENT TO ALLOW DAYCARE CENTERS IN ALL INDUSTRIAL ZONES APPLICANT: John L Brosy OWNERS: N/A - CITYWIDE 161 High Street SE, Suite 204 "All Industrial Zones" Salem, OR 97301 PROPOSAL: The applicant is proposing a Zone Ordinance Amendment to change the City of Tigard Community Development Code to allow daycare uses outright or conditionally in all Industrial zoned properties. This is the second step in this process. The first step was a public hearing before the Planning Commission for recommendation to the City Council. The Planning Commission hearing was held on March 6, 2000. LOCATION: All Industrial Zones Citywide. • ZONES: Light Industrial, I-L; Industrial Park, I-P; and Heavy Industrial, I-H. APPLICABLE • REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Polices 5 and 12.3; The Metro 2040 Plan; and Statewide Planning Goals 2 and 9. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060E. OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD • CITY COUNCIL AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ZOA1999-00003/CODE AMENDMENT TO ALLOW DAYCARE CENTERS IN ALL INDUSTRIAL ZONES NOTICE OF 4/11/2000 CITY COUNCIL PUBLIC HEARING PUBLIC ORAL OR WRITTEN TEST*Y IS V WISHING AT H B INTG "E r wjeREic RI SEHNETAWRNIGTT RAEDNTEL TESTIMONY THIS PROPOSED ACTION MAY D IN WRITING ANYONE D MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING,PUBLIC HEARING,GP, TuHBECITYCROIUNNGC, AND NVILILRIETCE BOTH ORAL STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN H ORAL AND WRITTEN TESTIMONY. THE CITY COUNCIL OR CLOSE THE THE PUBLIC HEARING ACTION D INAGCTTOANON THE MEETING TO OBTAIN ADDITIONAL INFORMATION PUBLIC HEARING AND TAKE APPLICATION. _ ALL DOCUMENTS AND APPLICABLE CRITERIA IN TWENTY-FIVE CENTS (F 2I5 CURRENT RATE ) PER PAGE, OR THE LE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED O CHARGED FOR COPIES AT THE TIMEOFTHAEVAREQUBLEE DSTF. ART LEAST SEVEN AEN (T7)NDDAYCSOPSRTIORORTOATHCEOPHYEACRAINNGB, AE COPY OF THE STAFF REPORT WI LL BE ILA OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER DJUOLRIAEGPOONW97E2L2L3.HAJ D U K AT (503)639-4171, TIGARD CITY HALL, 13 125 SW HALL BOULEVARD, TIGAR , ,..„_ -.UP'.5;,^44.Z.550137=',07,Tirt.7 7,4'. ei ''".- k.•,',....p....14 ;''' ,...14. 4,r,17:.''''''..1.-i:41".44,--,,-.1.•,..,...1*",t ittiil kitr.,-1-iiii itii,..R - - •--;-'''-v--,- - .4'''''''' ''''' AP/'''' ".; ZIA r*FTE`. '''''...i3LbA. 4.4r... .11...^if.Tf:.,:f.T.'"'"Ir."r"'..;. ,;Veg'. .pr ' r ::.--1::;:17,41,'-:1''. 4,:;$="4•-•.'"';`-'7?!-64.'4,V.5; ' ,*'-t-7T--**•7?--074vga - 's -'''''''-i 444:-:,ti..iz,,.-itoit In," ILI-:,,- .;.-....,,N:,;•.i i E.-- , ,, , ..,..., ka ,„, I r.40.• a It/, 01 . -* ,fr, ,...., I• mill ,%/ I p f . . .i.- - -zv- ,e-,•"111E41g0-7,44- • .„, ,....../,... . ko 5,7,., . 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BEAVERTON,OR 97007 • 2S102AB-01800 2S102BA-00800 GREEN VALLEY DEVELOPMENT LLC SEE-ZER PROPERTIES 10585 SW WALNUT ST 14960 SW TUALATIN-SHERWOOD RD STE 1 TIGARD,OR 97223 SHERWOOD, OR 97140 2S102AB-01801 2S102BA-00900 RISBERG K JOAN TRUSTEE MORRIS SHIRLEY A&RAYMOND L 4210 IMPERIAL DR 12220 SW GRANT AVE WEST LINN,OR 97068 TIGARD,OR 97223 2S102AB-01900 2S102BA-00901 ALLRED DOUGLAS R ENGEL GEORGE L 5820 SW CHESTNUT 9380 SW TIGARD AVE BEAVERTON,OR 97005 TIGARD,OR 97223 • 25102AB-01901 2S102BA-01100 • MAWHIRTER ARLIE L TR HAYS THOMAS R&LORI J 9265 SW MCDONALD ST 12220 SW GRANT AVE TIGARD,OR 97224 TIGARD,OR 97223 25102AB-01902 2S102BB-00100 • ATLAS LAND COMPANY CRESS SCOTT B AND DANA B 9380 SW TIGARD 9966 SW KATHERINE STREET TIGARD,OR 97223 TIGARD,OR 97223 • • 2S 102BB-00201 25 112AB-00700 FLEMING PASQUALINA TRUSTEE ANDERSEN H A ET AL 10060 SW KATHERINE PO BOX 23759 TIGARD,OR 97223 TIGARD,OR 97223 2S102BB-00300 2S112AB-00900 WOMACK MARLENE D FOUGHT AND COMPANY INC. 16869 SW 65TH#330 PO BOX 23759 LAKE OSWEGO,OR 97035 TIGARD,OR 97223 2S102DA-00100 2S112AB-01000 MAGNO LLC BIG T INVESTMENTS 8800 SW COMMERICAL ST 2314 SE PARKCREST AVE TIGARD,OR 97223 VANCOUVER,WA 98684 2S102DA-00500 2S112AB-01100 TIGARD-TUALATIN SCHOOL PIKE RICHARD G TRUSTEE 13137 SW PACIFIC HWY 7235 SW BONITA RD TIGARD,OR 97223 TIGARD,OR 97224 2S112AA-00300 • 2S112AB-01200 GERBER LEGENDARY BLADES TENNANT INVESTORS 14200 SW 72ND AVE • PO BOX 1658 PORTLAND,OR 97223 PORTLAND,OR 97207 2S112AA-01000 2S112AB-01300 CELTIC LEASING BONITA PACKAGING PRODUCTS 2061 BUSINESS CENTER DR#20 7333 SW BONITA RD IRVINE,CA 92612 PORTLAND,OR 97223 2S112AB-00200 2S112AB-01600 WARNE MARJORY ETHEL SUNDAY SCHOOL FELLOWSHIP 2917 SW WESTVIEW CIRCLE PO BOX 324 LAKE OSWEGO,OR 97034 COLUMBIA CITY,OR 97018 2S112AB-00300 2S112AB-01800 HICKS PRENTISS C WASHINGTON COUNTY PO BOX 23633 111 SE WASHINGTON ST MS42 TIGARD,OR 97223 HILLSBORO,OR 97123 2S112AB-00500 2S112AB-02300 SPEARING KENNETH M&HOLLY R& SHEININ-MENDENHALL LLC I 7300 SW LANDMARK LN 12725 SW 66TH AVE#202 PORTLAND,OR 97224 PORTLAND,OR 97223 2S112AB-00600 2S112AC-00100 TUFFORD PHYLLIS J TRUSTEE WHITLATCH PHYLLIS IRENE TRUSTEE 4836 SE POWELL BLVD 14529 SW 72ND AVE PORTLAND,OR 97206 TIGARD,OR 97224 ` . . 2S 112AC-00200 2S 112AC-02000 NATIONAL SAFETY CO SEMASKO JOHN E&MARY JANE 17010 SW WEIR RD 88653 GENTRY ST BEAVERTON,OR 97007 EUGENE,OR 97402 • 2S112AC-00300 2S112AC-02100 MOORE ROD A ET AL CHAMBERLAIN-HUSSA PROPERTIES c/o EMPIRE BATTERIES INC 18755 SW TETON TIGARD,OR 97223 TUALATIN,OR 97062 2S112AC-00400 2S112AC-02200 NATIONAL SAFETY CO CROMBIE ALLEN P 14480 YORBA 632 CHARMAN ST CHINO,CA 91710 OREGON CITY,OR 97045 2S112AC-00800 2S112AC-02300 BHK PROPERTIES LLC C&C DEVELOPMENT 14280 SW 72ND AVE PO BOX 4010 TIGARD,OR 97224 TUALATIN,OR 97062 2S112AC-00900 2S112AC-02400 KNHS DEVELOPMENT CO ALPHA LIMITED PARTNERSHIP 26262 S MERIDIAN RD 14725 SW 72ND AURORA,OR 97002 TIGARD,OR 97224 2S112AC-01300 2S112AD-00300 RIVAS ERNEST AND ROSE SMETS JOHN E&MARIETTA D TRS 14905 SW 74TH 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EXCHANGE INC CATELLUS DEVELOPMENT CORPORATION 14058 SW MILTON CT 201 MISSION ST PORTLAND,OR 97224 SAN FRANCISCO,CA 94105 2S112CD-00100 2S112DC-01200 DANCHOK INVESTMENT GROUP AKERMAN RICHARD D& 8475 SW ERNST RD 16075 SW UPR BOONES FRY RD PORTLAND,OR 97225 TIGARD, OR 97224 2S112DA-01100 2S112DC-01300 PACIFIC REALTY ASSOCIATES BRUNDAGE-BONE CONCRETE PUMPING I 1371 OAKLAND BLVD STE 200 1037 4TH AVE NORTH WALNUT CREEK,CA 94596 KENT,WA 98032 25112DB-00100 2S112DC-01400 RALLIS JOHN PACIFIC AMERICAN PROPERTY EXCHAN 1000 COLUMBIA AVE 17700 SW UPPER BOONES FERRY RD STE LINWOOD,PA 19061 PORTLAND,OR 97224 2S112DB-00200 2S112DC-01500 BROOKS&PITTMAN RENTALS 74TH AVENUE INDUSTRIAL PARK LLC 15255 SW 72ND AVE 8100 SW DURHAM RD PORTLAND,OR 97224 TIGARD,OR 97224 2S112DB-00500 2S112DC-01600 HUBBARD VIOLA I BOWLES JOHN MARGARET 15065 SW 74TH AVE 8986 SW ARAPAHO RD PORTLAND,OR 97224 TUALATIN,OR 97062 2S112DB-00600 2S112DC-01700 MEYER DENNY G&NANCY L NADEAU LINDA 7340 SW LANDMARK LN 7409 SW LOCUST ST TIGARD,OR 97223 TIGARD,OR 97223 2S112DB-00700 2S112DC-01800 WESTERN UNITED LIFE ASSURANCE CO NADEAU ANDRE R TRUSTEE • 15245 SW 74TH AVE 7774 VLAHOS DR TIGARD,OR 97224 WILSONVILLE, OR 97070 • • 2S112DD-00300 2S113B0-00600 TIME OIL CO BURLINGTON NORTHERN INC P O BOX 24447 1700 EAST GOLF RD SEATTLE,WA 98124 SCHAUMBURG, IL 60173 2S112DD-00400 2S113BA-00100 ' KAUFMAN LOTTIE L& JOHNSON FAMILY TRUST THE 15350 SW SEQUOIA PKWY#300-WMI 8965 SW BURNHAM ST PORTLAND,OR 97224 TIGARD,OR 97223 2S112DD-00500 2S113BA-00200 SUBOTNICK RUTH& METZGER DAVID G/DIANNE S • 15350 SW SEQUOIA PKWY#300-WMI PO BOX 400 PORTLAND,OR 97224 SHERWOOD,OR 97140 2S112DD-01400 2S113BA-00300 PACIFIC REALTY ASSOCIATES METZGER DAVID 500 108TH AVE NE 7910 SW DURHAM RD BELLEVUE,WA 98009 TIGARD,OR 97224 2S113AB-00100 2S113BA-00400 WASHINGTON COUNTY HAMBACH MICHAEL V& 15350 SW SEQUOIA PKWY#300-WMI 7735 SW DURHAM RD PORTLAND,OR 97224 TIGARD,OR 97224 2S113AB-00300 2S113BA-00500 AKERMAN RICH/WATHEY JAMES E PORTLAND GENERAL ELECTRIC CO 16075 SW UPPER BOONES FERRY RD 13137 SW PACIFIC HWY TIGARD,OR 97224 TIGARD,OR 97223 • 2S113AB-00700 2S114A0-01104 B&R INVESTMENTS BIRKEMEIER BRENT T& 16255 SW UPPER BOONES FERRY RD 10573 SW NAEVE ST TIGARD,OR 97224 TIGARD,OR 97224 2S113AB-00800 2S114AD-00300 , DUNCAN JOHN A AND UNIFIED SEWERAGE AGENCY 7060 SW PALMER WAY 150 N 1ST AVE BEAVERTON,OR 97007 HILLSBORO,OR 97123 2S113AD-01800 2S123BB-01101 PACIFIC REALTY ASSOCIATES BEHABAHANY HASAN M&NERGIS T 15350 SW SEQUOIA PKWY#300-WMI 18400 SW TETON PORTLAND,OR 97224 TUALATIN,OR 97062 2S113B0-00500 2S123BD-00101 DURHAM II LLC CAP INVESTORS LLC 8100 SW DURHAM RD' PO BOX 2060 TIGARD,OR 97244 TUALATIN,OR 97062 2S128C0-00107 LEICHNER LORRY L TRUSTEE PO BOX 820 SHERWOOD,OR 97140 • • • .. . . .... . .......,...,,, ........ 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'''.- '''' •, ".„'Aiii1414,11rialP4M40174,' **Ife` otz'S‘ f," ' J-----..,,,o-,o:',,' I A.‘e4...7,,,I ori, 11,A ,b„ii i,..11 ; -,-.4.... ,,--t...,--g*,,,. .-4....,,;.. .:`ai,fil. j • ' rAisir4.4"."'' /:4* ''1.4•C 4^'4 4CLA::::A::;..... 46,45 , . 1 ., . i Cnny OF TIGARD + ZOA I 999-00003 VICINITY MAP N CODE AMENDMENT TO ALLOW DAYCARE (Map is not to scale) CENTERS IN ALL INDUSTRIAL ZONES • • REQUEST FOR COMMENTS CITY OF OF TIGARD Community(DeveCopment Shaping A Wetter Community DATE: January 19,2000 • TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Julia Powell Halduk,Associate Planner x401 Phone: 1503)639-4171/Fax: (5031684-7291 ZONE ORDINANCE AMENDMENT IZOAI 1999-00003 ➢ CODE AMENDMENT TO ALLOW DAYCARE CENTERS IN ALL INDUSTRIAL ZONES < The applicant is proposing a Zone Ordinance Amendment to change the City of Tigard Community Development Code to allow daycare uses outright or conditionally in all Industrial zoned properties. LOCATION: All Industrial Zones Citywide. ZONES: Light Industrial, I-L; Industrial Park, I-P; and Heavy Industrial, I-H. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Polices 5 and 12.3; The Metro 2040 Plan; and Statewide Planning Goals 2 and 9. Attached are the Narrative,Vicinity Map and Any Additional Information Providded by the Applicant for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: FEBRUARY 2,2000. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: ('Cease provide the folkwing information)Name of Person(sl Commenting: • Phone Number(sl: ZOA1999-00003 AGENCY REQUEST FOR COMMENTS CODE AMENDMENT TO ALLOW DAYCARE CENTERS IN ALL INDUSTRIAL ZONES CITY.TIGARD REQUEST FOR CONSENTS . . , . NOTIFICATION LIST FOR LAND USE&COMMUNITY DEVELOPMENT APPLICATIONS I6044tiili ,a ?CITIZENA_ VOL VEMEN_T-IU,, MS , . ' fiawV'rtfi'ny' n i,r'ary eB' o•o'ksl',,"' ''v FILE NOISI.: 206 /99g-000g • FILE NAMEISI: eak /cimenclo,44- Jo Tr■el.5-k-t,--..1 :,'',--')--...' ; --,-,,-,- - - -•.e'-,,,, ',,,,'/,-,,-,.---- -.''''f':-'..-- -. --'' '- 'CITTOFFI ES- - - - ' - - - - s --- -- — -'`.' -''-' .- av" -' - - :.•<:.1)NG RANGE PLANNING/Nadine Smith,supen440, COMMUNITY DVLPMNT.DEPT./0,41...i s.,...Technician. POLICE DEPT./Jim Wolf,Crirne Prevention Officer BUILDING DIVISION/Gary Lampella,Buiding Official ENGINEERING DEPT./Brian Rager,DvIprnnt.Review Engineer WATER DEPT./Michael Miller,Ullities Manager CITY ADMINISTRATION/Cathy Wheatley,City Reconder. OPERATIONS DEPT./John Roy,Property Manager OTHER PECIALDISTRICTUr- 11:::,.§:": .-‘,--t.::i1.::-. :--'.,:,'";:• "..:.:,; : TUAL.HILLS PARK&REC.DIST.*_TUALATIN VALLEY FIRE&RESCUE* TUALATIN VALLEY WATER DISTRICT* UNIFIED SWRGE.AGENCY* Planning Manager Fire Marshall Administrative Office Julia Huffman/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Street Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 - --:-,- — - ,,-„ 4-, ?. •,,;'''' .6 CITY OF BEAVERTON * CITY OF TUALATIN* OR.DEPT.OF FISH&WILDLIFE OR.DIV.OF STATE LANDS Planning Manager Planning Manager 2501 SW First Avenue 775 Summer Street,NE Irish Bunriell,Development Services PO Box 369 PO Box 59 Salem,OR 97301-1279 PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Beaverton,OR 97076 - OR.PUB.UTILITIES COMM. • METRO-LAND USE&PLANNING * OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street,NE CITY OF DURHAM* 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager • Portland.OR 97232-2736 Portland,OR 97232 PO Box 23483 US ARMY CORPS.OF ENG. Durham,OR 97281-3483 t•-"1ulette Allen,Growth Management Coordinator 4A5g.:.DEPS T.OF LAND CONSERV.&DVLP7 333 SW First Avenue Mel Huie,Greenspaces Coordinator(CPA/ZOA) Larry French . PO Box 2946 CITY OF KING CITY* Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 Portland,OR 97208-2946 City Manager Salem,OR 97301-2540 15300 SW 116th Avenue • WASHINGTON COUNTY* King City,OR 97224 OR.DEPT.OF ENERGY(Powerlines in Area) OREGON DEPT.OF TRANS.(ODOT) Dept.of Land Use&Transp. Bonneville Power Administration Aeronautics Division 155 N.First Avenue CITY OF LAKE OSWEGO* Routing TTRC—Attn: Renae Ferrera Tom Highland,Planning Suite 350,MS 13 Planning Director PO Box 3621 3040 25th Street,SE - Hills ro.OR 97124 PO Box 369 Portland,OR 97208-3621 Salem,OR 97310 Brent Curtis(CPA) Lake Oswego,OR 97034 Scott King(CPA) • OR.DEPT.OF ENVIRON.QUALITY(DEQ) ' DOT,REGION 1 * , Mike Borreson(Engineer) CITY OF PORTLAND . (Notify for Wetlands and Potential Environmental Impacts) Sonya Kazeis,Development Review Coordinator Jim Tice(IGA) David Knowles,Planning Bureau Dir. Regional Administrator Carl Toland, Right-of-Way Section(vacations) Tom Harry(General Apps.) Portland Building 106,Rm. 1002 2020 SW Forth Avenue,Suite 400 123 NW Flanders Phil Healy(General Apes.) 1120 SW Fifth Avenue Portland,OR 97201-4987 Portland,OR 97209-4037 Sr.Cartographer(CPA/ZCA)MS14 Portland,OR,97204 . Jim Nims(ZCA)MS 15 • ODOT,REGION 1 -DISTRICT 2A* Doria Mateja(zcA)'Asia Jane Estes,Permit Spedalist 5440 SW Westgate Drive,Suite 350 . . Portland,OR 97221-2414 ' : '"”,i.4r . TL P,R O.V...ID E RS'A„N D S P. ECAAGENCIES ' -1E. PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northem/Santa Fe R/R Predecessor) Robert I.Melbo,President&General Manager • 110 W. 10th Avenue • Albany,OR 97321 • • SOUTHERN PACIFIC TRANS..CO.R/R METRO AREA COMMUNICATIONS TCI CABLEVISION OF OREGON TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations Only) Pat McGann • (If Project Is Within`A Mile of A Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Michael Kiser,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street • Beaverton,OR 97006-4886 Portland,OR 97232 PORTLAND GENERAL ELECTRIC NW NATURAL GAS COMPANY GENERAL TELEPHONE US WEST COMMUNICATIONS Brian Moore,Svc.Design Consultant Scott Palmer Elaine Self,Engineering Lori Domey,Engineering 9480 SW Boeckman Road 220 NW Second Avenue MC: 0R030546 . 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Tigard,OR 97281-3416 Portland,OR 97219 TIGARD/TUALATIN SCHOOL DIST.#23J BEAVERTON SCHOOL DIST.#48 TCI CABLE(Apps.Eat Hall/N.of 99W) Marsha Butler,Administrative Offices Joy-Gay Pahl,Demographs&Planning Dept. Diana Carpenter 13137 SW Pacific Highway 16550 SW Merl°Road . ' 3500 SW Bond Street Tigard,OR 97223 Beaverton,OR 97006 - Portland,OR 97232 INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/AU.CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify). hApatyrnasters\Request For Comments Notification List.doc (Revised: 2-Nov-99) . • -011" qg 3 . ,., p L,p L I CJ -rc.5 -2'ern c 07 ,■/ -G-10 i Lo I . .- ,—„ - _ , 1 _r , ---...7111,51 /---- - --Al-, ".-- -'4.,\,- • -",-;`, • •••:',, :•,.."„2„,,,:„r• -41.i."1,,,,, ,_IF I'-,i..-.1 •.L.::,,-,-, 'C 114 671 All --' rliVr — " -' - 1, _ \\_, „most: . ,,,,,__ __,./.', . .--; , ---F---- _,----------t--\ 1 , . . "-• -.::-C4)-:---, ' '. .., --- . 7-7s3aP, Lr,73' ' -''''''''•1,-- '--• t..,. -: 1 •,'' ! !! jr_ , ....- , ,, . 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94596 25112DB-00401 • 2S112DC-00701 PACIFIC REALTY ASSOCIATES PACIFIC REALTY ASSOCIATES 15350 SW SEQUOIA PKWY#300-WMI 15350 SW SEQUOIA PKWY#300-WMI PORTLAND,OR 97224 PORTLAND,OR 97224 2S112DB-00500 2S112DC-01100 HUBBARD VIOLA I AKERMAN RICHARD D& 15065 SW 74TH AVE 16075 SW UPR BOONES FRY RD PORTLAND,OR 97224 TIGARD,OR 97224 • • 2S112DC-01200 2S112DD-00400 AKERMAN RICHARD D& KAUFMAN LOTTIE L& 16075 SW UPR BOONES FRY RD 15350 SW SEQUOIA PKWY#300-WMI TIGARD,OR 97224 PORTLAND,OR 97224 2S112DC-01300 2S112DD-00500 BRUNDAGE-BONE CONCRETE PUMPING I SUBOTNICK RUTH& 1037 4TH AVE NORTH 15350 SW SEQUOIA PKWY#300-WMI KENT,WA 98032 PORTLAND,OR 97224 2S112DC-01400 2S112DD-00700 PACIFIC AMERICAN PROPERTY EXCHAN PACIFIC REALTY ASSOCIATES 17700 SW UPPER BOONES FERRY RD STE 15350 SW SEQUOIA PKWY#300-WMI PORTLAND,OR 97224 PORTLAND,OR 97224 2S112DC-01500 2S112DD-00701 74TH AVENUE INDUSTRIAL PARK LLC PACIFIC REALTY ASSOCIATES 8100 SW DURHAM RD 15350 SW SEQUOIA PKWY#300-WMI TIGARD,OR 97224 PORTLAND,OR 97224 2S112DC-01600 2S112DD-01400 BOWLES JOHN MARGARET PACIFIC REALTY ASSOCIATES 8986 SW ARAPAHO RD 500 108TH AVE NE TUALATIN,OR 97062 BELLEVUE,WA 98009 2S112DC-01601 2S112DD-01500 TIGARD CITY OF PACIFIC REALTY ASSOCIATES 13125 SW HALL 1371 OAKLAND BLVD STE 200 TIGARD,OR 97223 WALNUT CREEK,CA 94596 2S112DC-01700 2S112DD-01600 NADEAU LINDA PACIFIC REALTY ASSOCIATES • 7409 SW LOCUST ST 1371 OAKLAND BLVD STE 200 TIGARD,OR 97223 WALNUT CREEK,CA 94596 2S112DC-01800 2S112DD-01601 NADEAU ANDRE R TRUSTEE • PACIFIC REALTY ASSOCIATES 7774 VLAHOS DR 1371 OAKLAND BLVD STE 200 WILSONVILLE,OR 97070 WALNUT CREEK,CA 94596 • 2S112DD-00200 2S112DD-01700 PACIFIC REALTY ASSOCIATES PACIFIC REALTY ASSOCIATES 15350 SW SEQUOIA PKWY#300-WMI 1371 OAKLAND BLVD STE 200 PORTLAND,OR 97224 WALNUT CREEK,CA 94596 2S112DD-00300 2S112DD-01701 TIME OIL CO PACIFIC REALTY ASSOCIATES P O BOX 24447 1371 OAKLAND BLVD STE 200 SEATTLE,WA 98124 WALNUT CREEK,CA 94596 • • • 2S113AA-00100 2S113AA-01100 OBIE MEDIA CORP PACIFIC REALTY ASSOCIATES 4211 W 11TH 15350 SW SEQUOIA PKWY#300-WMI EUGENE,OR 97402 PORTLAND,OR 97224 2S113AA-00200 2S113AA-01300 PACIFIC REALTY ASSOCIATES PACIFIC REALTY ASSOCIATES 15350 SW SEQUOIA PKWY#300-WMI 1371 OAKLAND BLVD STE 200 PORTLAND,OR 97224 WALNUT CREEK,CA 94596 2S113AA-00300 • 2S113AB-00100 PACIFIC REALTY ASSOCIATES WASHINGTON COUNTY 15350 SW SEQUOIA PKWY#300-WMI 15350 SW SEQUOIA PKWY#300-WMI PORTLAND,OR 97224 PORTLAND,OR 97224 2S113AA-00400 2S113AB-00200 PACIFIC REALTY ASSOCIATES AKERMAN RICHARD D& 15350 SW SEQUOIA PKWY#300-WMI 16075 SW UPPER BOONES FERRY RD PORTLAND,OR 97224 TIGARD,OR 97224 2S113AA-00500 2S113AB-00300 PACIFIC REALTY ASSOCIATES AKERMAN RICHIWATHEY JAMES E 15350 SW SEQUOIA PKWY#300-WMI 16075 SW UPPER BOONES FERRY RD PORTLAND,OR 97224 TIGARD,OR 97224 2S113AA-00600 2S113AB-00400 PACIFIC REALTY ASSOCIATES AKERMAN RICHARD D& 15350 SW SEQUOIA PKWY#300-WMI 16075 SW UPR BOONS FRY RD • PORTLAND,OR 97224 TIGARD,OR 97229 2S113AA-00700 2S113AB-00500 PACIFIC REALTY ASSOCIATES AKERMAN RICHARD D& 15350 SW SEQUOIA PKWY#300-WMI 16075 SW UPR BOONS FRY RD PORTLAND,OR 97224 TIGARD,OR 97229 2S113AA-00800 2S113AB-00600 PACIFIC REALTY ASSOCIATES PACIFIC REALTY ASSOCIATES 15350 SW SEQUOIA PKWY#300-WMI 15350 SW SEQUOIA PKWY#300-WMI PORTLAND,OR 97224 PORTLAND,OR 97224 2 S 113AA-00900 2S113AB-00700 PACIFIC REALTY ASSOCIATES B&R INVESTMENTS 15350 SW SEQUOIA PKWY#300-WMI 16255 SW UPPER BOONES FERRY RD • PORTLAND,OR 97224 TIGARD,OR 97224 2S113AA-01000 2S113AB-00800 PACIFIC REALTY ASSOCIATES DUNCAN JOHN A AND 15350 SW SEQUOIA PKWY#300-WMI 7060 SW PALMER WAY PORTLAND,OR 97224 BEAVERTON,OR 97007 • • 2S113AB-01201 2S113B0-00500 PACIFIC REALTY ASSOCIATES DURHAM II LLC 15350 SW SEQUOIA PKWY#300-WMI 8100 SW DURHAM RD PORTLAND,OR 97224 TIGARD,OR 97244 2S113AB-01400 2S113B0-00600 PACIFIC REALTY ASSOCIATES • BURLINGTON NORTHERN INC 1371 OAKLAND BLVD STE 200 1700 EAST GOLF RD WALNUT CREEK,CA 94596 SCHAUMBURG, IL 60173 25113AB-01600 2S113BA-00100 DUNCAN JOHN ARTHUR AND JOHNSON FAMILY 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CREEK,CA 94596 TIGARD,OR 97224 2S113B0-00400 2S114A0-01101 DURHAM I LLC UNIFIED SEWERAGE AGENCY 8100 SW DURHAM RD 150 N FIRST ST TIGARD,OR 97224 HILLSBORO,OR 97123 • • 2S 114A0-01103 UNIFIED SEWERAGE AGENCY 150 N FIRST ST HILLSBORO,OR 97123 2S114A0-01104 BIRKEMEIER BRENT T& 10573 SW NAEVE ST TIGARD,OR 97224 2S 114A0-01200 UNIFIED SEWERAGE AGENCY. 150 N 1ST HILLSBORO,OR 97123 2S114AD-00300 UNIFIED SEWERAGE AGENCY 150 N 1ST AVE HILLSBORO,OR 97123 2S123BB-01100 UNKNOWN OWNER 2S123BB-01101 BEHABAHANY HASAN M&NERGIS T 18400 SW TETON TUALATIN,OR 97062 • 2S123BD-00101 CAP INVESTORS LLC PO BOX 2060 TUALATIN,OR 97062 2S128C0-00107 LEICHNER LORRY L TRUSTEE PO BOX 820 SHERWOOD,OR 97140 ' _ N 1S134AA01800 GA N . ,, 2 13135BB00100 70 „ 1356600200 , . 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Keame Street Portland, OR 97209 CHECK J�J ©2300 Waddle Desi Design . Plannin . Architecture TEL (503) 221-2003 FAX (503) 221-1709 \ lOPOCRAR - CAL S FOR TRI COUNTY INDUSTRIAL PARK INC. , IN LOT 1, "BONITA INDUSTRIAL PARK" IN THE HICKLIN D.L.C. NO. 43 IN THE N.E. 1/4, SECTION 12, TWS, R1 W, W.M. �4r CITY OF TIGARD WASHINGTON COUNTY, OREGON '/to SCALE 1" _ 20' \ OTE T _ 20 SEPT. 27, 2000 �liu so /s NOTE DESCRIPTION RIM ELEV I.E. ELEV SIZE FLOW `�j LOT 2 . 20 1612 8 4 0 10 20 40 0 STORM MANHOLE 152.64 N. = 140.74 24" OUT **Cy) 138 O E. = 140.94 24" IN X36 S.E. = 140.94 12" I N 18 �' 0 SANITARY MANHOLE 152.41 E. = 137.61 12" IN 137 A 291 j `�j W. = 137.41 12" OUT j le 34 \ N. = 138.81 8" IN �' _ CATCH BASIN 137.83 W. = 136.28 12" OUT �� '� `r'' \ CO\ T RO I \ T TA B L_ SANITARY MANHOLE 143.99 E. = 135.59 15" IN W. = 133.29 15" OUT s \ 7:16.46 \ NUMBER DESCRIPTION ELEVATION S. = 133.44 12" IN �3•p259 s� STORM MANHOLE 144.75 W. = 140.15 10" OUT N \ E. = 140.25 12" I N \ 0 _ 18» 1 PK NAIL 148.52 6 CATCH BASIN 145.28 N.W. = 143.08 12" OUT • �1,, \ 2 PK NAIL 136.67 7 = 131.18 12" IN ,, SANITARY MANHOLE 137.68 E. #•",1,1A vifr, ,�,, \\\ 220 NAIL 141.48 W. = 130.98 OUT 29 1 MAG. NAIL 145.78 �.°� 400 RED CONTROL CAP 135.81 SANITARY MANHOLE 136.56 N.E. = 122.86 1122::" IN 442 RED CONTROL CAP 139.99 S.W. = 122.56 12" OUT Q 7, Q SANITARY MANHOLE 136.37 N.E. = 123.07 12" IN %IVAULT NOTES: S.W. = 122.87 12" OUT W. _ 123.57 8" I N 1 N._ io STORM MANHOLE 137.04 E. 134.34 12" IN,� BLACKBEORRIES. NIOKFOUNDA IOCOVERED WITH _ ".4... f) 5o it SANITARY MANHOLE 136.45 E. = 117.45 12" OINT 4/01 �, ,�, ®■ �' a 2 - SANITARY MANHOLE 11 I.E.'S ARE 36"N.E. = 118.05 12" IN APPROXIMATE DUE TO LARGE VOLUME OF N. = 111.85 36" IN l;0 1 5 Ili Cp SANITARY MATERIAL FLOWING THROUGH ® STORM MANHOLE 136.14 S E. = 132.39 36"" OUT I� A- M 0 -A PIPES. =N. Y o �. �Z W. = 132.39 12" OUT \/,\ °m © ` �� 3 - BOUNDARY PER PLAT OF "BONITA = 133.74 12" IN -4- BARN 0 INDUSTRIAL PARK" E. = 132.36 12" OUT LAJ N 441�j� \ 13 CATCH BASIN 135.66 - is CATCH BASIN 135.87 W. = 132.82 12" OUT w I NOTE 1 w is STORM MANHOLE 136.31 N. = 131.16 12" OUT ¢ S --1 E. = 131.21 12" IN N ao x w y� S. = 131.11 12 IN TRACT "B" W I N 2 16 STORM MANHOLE 136.23 N. = 130.03 12" OUT 0/4 t O E. = 13013 12" I N � I ��. S. = 130.33 12" IN , V 1:1 --- -23 x `` O W. = 130.13 12" IN I 8„ 7' 0 STORM MANHOLE 136.25 N. = 130.05 12" IN • E. = 130. I N x S. = 129.05 95 1212" IN I 1 I ie W. = 129.68 12" OUT LOT 0 CATCH BASIN 135.78 E J1 ,� '1 1 \ W. = 129.88 12" OUT LEGE\ D t I \ ® CATCH BASIN 135.75 W. = 130.45 12" OUT`% = CONTROL POINT 1 f x zo SANITARY MANHOLE 133.89 N.E. = 123.59 12" IN © = STORM MANHOLE I a I \ S.W. = 123.54 12" OUT 0 = SANTIARY MANHOLE I \ x = ASPHALT I I \ ELEVATIONS BASED ON WASHINGTON COUNTY BENCH MARK NO. 464 = CONCRETE ® = WATER METER x I \ ® = CATCH BASIN -J ; \ DESCRIPTION: ELEV.= 198.84 x • = IRON ROD x-'' 0 = VERIZON MANHOLE x \ OSHD BRASS DISK IN CONCRETE SIDEWALK AT THE NORTHWEST CORNER f_ x I © = MAIL BOX I � THE SHED BRIDGE,BON1T ROAD OVER OF FOOT THE WEST x x = FENCE \ 13,v< = GAS VALVE {, x PGE PGE = PGE LINE r 1/di 28" I GAS GAS = GAS LINE 30 ,II w 28-4, 0 = GAS FINK cm = POWER POLE ` 220`�� I- ' - ' - ' - ' - = POWER LINE x \ C1PVi DATA E.-- - . - . - . - _ INIg - DEADMAN s 8917'03" w so.00 © = CATV PEDISTAL i d+ `"� • 4 - 8" ; ; ; ;- 1 = GRAVEL PUMP 14 I CURVE DELTA RADIUS ARC CHORD CHORD BEARING G =IN = P.G.E. METER HOUSE \ CHERRY I x 6 - 8" 1 Cl 00'20'09" 1736.73 10.18 10.18 S 11°35'27" E a HOUSE \ C2 18°55'59" 505.00 166.87 166.12 N 10°37'54" W 0 = APPLE 1 _____ x_--- x \ C3 10°39'59" 1736.73 323.32 322.85 S 17°05'31" E x x = HAWTHRONE !,:i CHURCH I '�I x \1 i VZN VZN = VERIZON LINE ' � w w = WATER LINE , , x x \I//= FIRE HYDRANT o ± I 1 REGISTERED D EEVE LOPME n 1 D© = WATER VALVE I ° x 6" - \ PROFESSIONAL _ _ = SIGN 3 6" i,- \ LAND SURVEYOR cony► 9uc i on o = IRON PIPE t=i-.1c,, x x /ir \ I A C 9V I CC�, Inc. Q = BOLLARD 0 1 \ 339 W. MAIN STREET © = GAS METER 12 ''� ° �' I OREGON HILLSBORO, OREGON 97123 (503) 648-4959 I \ JULY 13, 1979. \R = RISER ® p . :i#) C1 z JOHN M. 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BONITA ROAD (COUNTY ROAD # 736) t 0 o f N a o �0 ■ 0 O O O I "� � Zi 1® t -'■ \ tPa Agenda Item No.= Meeting of 8 - 13 - DO TIGARD CITY COUNCIL MEETING MINUTES - JUNE 27, 2000 • STUDY SESSION > Meeting was called to order at 6:33 p.m. by Council President Brian Moore > Council Present: Councilors Paul Hunt, Council President Brian Moore, Joyce Patton, and Ken Scheckla. > Staff Present: City Manager Bill Monahan; Finance Director Craig Prosser; Human • Resources Director Sandy Zodrow; Senior Analyst Sherrie Burbank; Police Chief Ron Goodpaster; City Engineer Gus Duenas;Deputy City Recorder Greer Gaston; City Attorney Chuck Corrigan; Associate Planner Julia Hajduk; Project Engineer Greg Berry > Management/Confidential/Supervisory Classification/Compensation Study—Benefits Recommendation Sandy Zodrow, Human Resources Director, introduced Sherrie Burbank, Senior Analyst. She referenced her memo discussing the benefits portion of the recommendations coming out of the management compensation study. She reviewed the overtime issue for police lieutenants; the nature of their work prevented them from taking the compensatory time that other M-2 category management employees could take or to flex their schedules to accommodate overtime. She recommended providing a cash option as another alternative for police lieutenants to receive compensation for overtime worked. Councilor Scheckla asked for clarification on the determination of overtime and how many employees. Ms. Zodrow explained that overtime in the City was closely monitored by supervisors. She advised that there are four lieutenants who are affected. Councilor Scheckla expressed his concern that overtime be divided equitably among the officers in question. Police Chief Ron Goodpaster explained the scheduling in the police department, which assured fairness in overtime distribution. He mentioned that the cash option paid out at the regular rate, not an overtime rate, and would be available only if the lieutenants could not use the other two options. Chief Goodpaster confirmed that staff included the money for the proposed cash option in the budget. He explained that they based their budget estimate on the department's records of overtime worked in the last two years. He emphasized that without this cash option, the lieutenants worked overtime without compensation. He indicated that the department did not use shift differential pay. Ms. Zodrow explained that the issue of deferred compensation, a program to which the City made no contribution, was used by 41 out of 74 management employees. She presented the Task Force's recommendation that the Council consider a City contribution to deferred compensation. She referenced Attachment A, listing the cost of the program at various percentages. Ms. Zodrow mentioned the funding Council allocated last year for staff to look at the issue of the City participating in PERS. She referenced the information learned from the PERS actuarial study. She emphasized that they wanted to present the financial aspect to Council before assessing if staff had any interest in participating in PERS. CITY COUNCIL MEETING MINUTES —JUNE 27, 2000 PAGE 1 • • > The Tigard City Council went into Executive Session at 6:42 p.m. under the provisions of ORS 192.660 (1) (d), (3), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. > Council President Moore reconvened the study session at 6:57 p.m. Council President Moore discussed his concern with the overtime pay for the police lieutenants, noting that overtime came with choosing that career path. He agreed that their inability to take compensatory time was a consideration, as they should get some compensation for working overtime. Chief Goodpaster confirmed that the lieutenants did not have the flexibility in scheduling to take the options of compensatory time or flex time, as other management employees did. Councilor Patton suggested an alternative to a straight cash option; if the lieutenants earned compensatory time, but were unable to use it within a certain time period, the time would be converted to cash. Chief Goodpaster indicated that Councilor Patton's suggestion was an acceptable solution. The Council agreed by consensus to direct staff to bring back information on the deferred compensation issue. • The Council discussed how to handle the CIP budget. Councilor Hunt commented that while he favored the transportation bond issue, he did not support both the Atfalati bond and the transportation bond; it was too much tax. • Mr. Monahan briefed the Council on the Menlor Reservoir neighbors' latest request; they wanted the Council to initiate a Comprehensive Plan Amendment to change the multi-family zoning to single-family. He explained that the City was one of the four property owners comprising the Intergovernmental Water Board. He said that Mr. Hendryx directed the person who called today to go to the IWB and ask if it wanted to initiate a Comprehensive Plan change to possibly devalue its property. He commented that the interworkings of the various governmental entities were complex. > The Tigard City Council went into Executive Session at 7:07 p.m. under the provisions of ORS 192.660 (1) (d), (3), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. > Council President Moore adjourned the Executive Session at 7:24 p.m. 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board Council President Moore called the meeting to order at 7:35 p.m. 1.2 Roll Call Council President Moore, Councilors Hunt, Patton and Scheckla were present. Mayor Nicoli attended via telephone for items 4, 5, and 6 > The Council considered Agenda Item No. 4, Public Comment -- Approve Capital Improvement Program For Fiscal Year 2000-2001 1.4 Council Communications: None 1.5 Call to Council and Staff for Non-Agenda Items: None CITY COUNCIL MEETING MINUTES —JUNE 27, 2000 PAGE 2 • • 2. VISITOR'S AGENDA • Jaime Ramsey, 15367 Fir Tree Drive Mr. Ramsey mentioned that he has discussed this issue with Mr. Hendryx. He referenced the support he heard on the Council at the last meeting to maintain the City-owned Clute property in public ownership, thus insuring adequate public facilities at the north trailhead to the Cache Creek properties. He held that because of its topography and amount of sensitive lands, the City could only hope to sell it to developers for a fraction of its $4 million value. Mr. Ramsey asked the City to maintain the property in public ownership for greenspace or, if it chose otherwise, to initiate an amendment to change the zoning to R-4.5 and to impose deed restrictions to create conservation easements on the sensitive lands. He held that these two processes would maintain the integrity of their neighborhood by limiting development to single family detached housing. He said that the City owned the property, as the deed listed the City of Tigard as the property owner, and had to initiate any land use changes on the property. Councilor Hunt commented that he did not recall that the Council decided at the last meeting that it wanted to keep this property in public ownership. Mr. Ramsey agreed that the Council took no action but he reiterated that the question was asked why not keep it as open space. He stated his belief that there had been support on the Council to change the zoning to maintain the integrity of the neighborhood. Mr. Hendryx reviewed the process to change the zoning of a property in the County. He explained that the urban planning area agreement, between the City and Washington County, did not include the authority to initiate a legislative amendment. A change to the land use regulations in unincorporated Washington County can only be accomplished through the County. Mr. Hendryx explained that, according to Mr. Wegner, although the City was listed as the property owner on the deed, the City acted as the purchasing agent for the IWB in acquiring and developing the property. He said that the IWB had to initiate a zoning change request with the County. Councilor Hunt explained that the IGA between Durham, King City, Tigard and Washington County creating the IWB required the agreement of all four parties to make any capital changes. Mr. Monahan clarified that as the agent, Tigard simply carried out the direction of the IWB. He emphasized that representatives from each of the jurisdictions made decisions in tandem on the Water District property. He indicated that if the IWB decided to pursue a Comprehensive Plan change, the City was the likely agent to process it. Mr. Ramsey observed that the City had significant influence over the IWB. He asked if the Council supported maintaining the property as public open space. Council President Moore said that the City could make a recommendation to the Board through its representative Councilor Hunt but each of the four voting representatives would have to go back to his/her agency to ask for direction on how to proceed. Mr. Ramsey observed that there was great confusion surrounding the question of who owned the property; tonight was the first time he has heard that the City acted as an agent on behalf of the Water District. He commented that from the outside looking in, it looked like the City owned it, as the deed did not designate the City as an agent for someone else. Chuck Corrigan, City Attorney, said that his office could look into it. He commented that the City could be an agent, even if it was listed on the title, if this was the agreement. Council President Moore directed staff to investigate if a document existed authorizing the City to act as the District's agent, and to provide a copy to the neighbors. CITY COUNCIL MEETING MINUTES —JUNE 27, 2000 PAGE 3 • • Mr. Monahan suggested that Mr. Wegner raise this issue to the Board for discussion at the Board's July 12 meeting. He said that the neighbors would be welcome to participate. He emphasized that the Board would not make a decision on the matter at that meeting. Mr. Ramsey asked if the Council would support maintaining the property as open space. Councilor Hunt said that the Council needed to discuss the question. Mr. Monahan spoke to Mr. Hendryx and Mr. Wegner will meet to discuss these issues and develop information to share with the Council, the Board and the neighbors prior to the meeting, in order to facilitate a good discussion. He stated that since there was no urgency to dispose of the property, they had time to work through this issue. Councilor Hunt commented that it was important for.the Board to understand the other alternative suggested by the neighbors. He speculated, based on discussions at the Board, that the Board wanted to sell the land in order to get money to put towards another reservoir. Council President Moore stated that the Council was as concerned as the neighbors and was not trying to hide anything. The City wanted to do things properly within the context of their agreement with the IWB. • Trish Farmer, 15350 SW Firtree Dr Ms. Farmer pointed out on the map that there was no open space within the general vicinity of this neighborhood of families with small children. She stated that using the property as open space would give neighborhood children a place to play, would give access to the Cache Creek property, and would insure adequate parking. She commented that the City cooperation with the neighborhood may cause the Bull Mountain area community to view annexation more favorably. • Margaret Rollo, 15374 SW Firtree Dr Ms. Rollo concurred with the first two speakers. She asked the Council to consider rezoning the area to a lower density, citing the new Scholls Heights School's need to use portable classrooms next year to accommodate the number of students. • Chris Farmer, 15350 SW Firtree Drive Mr. Farmer asked for clarification on how the IWB operated, especially in terms of representation and taxation. Councilor Hunt explained that the City ran the distribution and maintenance system for the IWB but the IWB controlled the Water District, approving the budget and capital expenditures. He reviewed the history of the Tigard Water District, explaining that once the District included the Cities of Tigard, Durham and King City as well as a portion of unincorporated • Washington County. Eventually all three cities pulled out of the Water District, leaving only unincorporated Washington County with the name `Tigard Water District.' Mr. Monahan explained that the IWB included one voting representative each from the four agencies —Tigard, Durham, King City and the Tigard Water District— and one non-voting member- at-large. He indicated that the Tigard Water District member represented the Bull Mountain area. Council President Moore emphasized that the City of Tigard and the Tigard Water District were two different entities, with no tax dollars going to the common water system; the water system was revenue driven. Councilor Hunt clarified that legally they had to keep the revenues and expenditures generated from water in a separate account from the tax revenues and expenditures. Councilor Scheckla reiterated that no tax money from the Bull Mountain residents went to the City of Tigard. CITY COUNCIL MEETING MINUTES —JUNE 27, 2000 PAGE 4 • • Mr. Ramsey asked for clarification on the money Washington County paid to the City for the services the City provided in the urban services area. Mr. Hendryx explained that that building, current planning and development-related engineering programs were fee-supported, while the County transferred the road maintenance money allocated to the area to the City, which was under contract to provide that service. Mr. Monahan confirmed that all the services that the Bull Mountain area received from the City were revenue neutral to the City. • Valerie Ramaswamy, 13299 SW Ascension Drive Ms. Ramaswamy stated that she did not live in the Bull Mountain area, nor would she be impacted by any development occurring in the area. She recounted her neighborhood's experience in working with all levels of the City for the last 15 months with respect to maintaining a greenspace in their neighborhood. She mentioned the City and the County's encouragement to her neighbors to participate in the existing citizen involvement forums but questioned what use they were, since the developers did not have to comply with the Tigard Vision Plan or community plans. She quoted from written remarks of Julia Hajduk and Dick Bewersdorff discussing the staff's inability to enforce the Bull Mountain Community Plan and Tigard Beyond Tomorrow Vision because the goals and strategies were not legally codified in the Tigard Code, which was the standard for development proposals. She characterized the citizen teams with no clout to affect development as "the run around." Councilor Scheckla asked how the Council could address Ms. Ramaswamy's remarks. Mr. Corrigan said that they needed to get the criteria into the Zoning Code and Comprehensive Plan. Mr. Monahan explained that the Visioning Plan was a new activity in the City, compared to the Comprehensive Plan and Development Code drafted in 1983. He indicated that the City was in the process of taking the concepts and deciding how it wanted to change the legal development standards to affect development over the next 20 years. He emphasized that the State of Oregon required the City to follow the Comprehensive Plan and Codes. He said that the City could not throw out its Comprehensive Plan and follow the Vision; it had to amend the Plan to incorporate standards implementing the Vision. Councilor Scheckla concurred with Ms. Ramaswamy that it made no sense for the City to encourage input at the CIT meetings and then say that it could do nothing about the situation. Mr. Monahan pointed out that many changes to the Plan began with citizen input at the CIT meetings in response to a particular development application. He explained that, even with those citizen concerns, state law required the City to evaluate an application against the standards in place at the time of the application. He observed that this was an inherent conflict in land use planning law throughout the state. Mr. Hendryx indicated to Councilor Hunt that the code revision two years ago did not include the visioning document, as it was not done at that time. He explained to Ms. Ramaswamy, with respect to the Bull Mountain Community plan, that the City looked to the County for direction on its application of the land use regulations in the urban services area. He reiterated that the City had no authority to impose the County's Comprehensive Plan. Ms. Ramaswamy reiterated her contention that joining citizen involvement committees did not work to affect change; it simply sidetracked the citizens. Council President Moore stated that the Council was not trying to sidetrack citizens; rather it was trying to get information to the citizens so that the citizens could go through the legal process to affect change. He emphasized that the Council has always supported any neighborhood that came before it, but it would not grant requests that circumvented the law. • CITY COUNCIL MEETING MINUTES —JUNE 27, 2000 PAGE 5 • • • Ms. Ramaswamy asked if the Council could provide more channels to the citizens, contending that, from their experience, the existing channels did not work. Council President Moore reiterated the Council's support of livability. He directed Ms. Ramaswamy to bring any recommendations she had for Code changes to improve the community to staff and to go through the process. Mr. Monahan discussed the code change process developed by the community. He recommended sending any requests to Jim Hendryx, who would assign staff to evaluate it and bring it forward to the Council to see if the Council wanted to initiate the amendment process. • Jan Stimson, 15286 SW Firtree Drive Ms. Stimson inquired about the time of the July 12 meeting at the Water District building. Councilor Hunt said that meetings started at 5:30 p.m. 3. CONSENT AGENDA Motion by Councilor Hunt, seconded by Councilor Scheckla, to approve the Consent Agenda. Motion was approved by unanimous voice vote of Council present. (Councilors Hunt, Moore, Patton and Scheckla voted "yes.") [4-0] 3.1 Approve a Resolution Adopting the Management/Confidential/Supervisory Group Pay Plan Effective July 1, 2000—Resolution No. 00-34 3.2 Approve a Resolution Authorizing Refinancing and Additional Interim Financing for the 69th Avenue Local Improvement District—Resolution No. 00-35 > The Council considered Agenda Item 7 at this time. 4. PUBLIC COMMENT -- APPROVE CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2000-2001 Gus Duenas, City Engineer, reviewed the changes to the capital improvement program since his June 13 PowerPoint presentation to the Council. He mentioned adding funds to close the 69th Avenue LID and putting aside funds for the design of Greenburg Road from Washington Square Drive to Tiedeman Avenue. He summarized the street, sewer, storm drainage, parks, trails and water supply projects slated for FY 2000/2001 (see June 13 PowerPoint presentation for details). He asked for Council approval of the program. Mr. Monahan noted that the Council voted 2 to 2 on this item at the June 13 meeting. He mentioned the land acquisition of the Cache Creek Park addition and the Bond Street Park as the issue in question. Mr. Hendryx reported that staff, with the Trust for Public Lands, presented the City's two large grant requests for the acquisition of these properties to the state advisory board on June 14. Of the $4 million available, he indicated that they would not know how their grant requests will fair until early July. Councilor Scheckla asked what happened to the $150,000 if the City did not get either grant. Council President Moore explained that the Council told the Trust for Public Lands that it had to provide the $150,000 or the City would not accept the properties. He emphasized that the $150,000 was a donation; it did not involve general fund tax money. CITY COUNCIL MEETING MINUTES —JUNE 27, 2000 PAGE 6 0 • • Mr. Hendryx clarified to Councilor Scheckla that the Bond Street property lay inside the City limits while the other property was in unincorporated Washington County next to Cache Creek. Mr. Hendryx indicated that, while he did not recall the exact history of the Council proceedings, the Council did decide not to proceed with acquiring the Bond Street property using the greenspaces money. Council President Moore commented that the Council decided not to proceed mainly because of a lack of commitment from the neighbors who wanted the City to come up with additional funds. Councilor Hunt said this was not the main consideration. Mr. Monahan confirmed that the CIP budget included the $150,000 under the category of donation. Councilor Hunt commented that some of the confusion arose when the Trust for Public Lands returned with an alternate proposal after the Council voted against providing any City funds to purchase the properties. PUBLIC TESTIMONY Council President Moore opened up the hearing to public testimony. Hearing none, he closed the hearing. COUNCIL QUESTIONS OR COMMENTS Councilor Hunt recalled that he requested removing the properties from the budget. He reiterated that he objected to their inclusion because the Council had voted it down before on the grounds that it did not want the properties at any price. He discussed his second objection, that only part of the Council knew that the Trust for Public Lands was going to make a second presentation, thus eliminating the level playing field. He mentioned the vote at the first meeting as 4 to 1 against and the vote at the second meeting as 3 to 2 in favor. Councilor Patton pointed out that funding was listed as a `donation' with regard to the Bonita Park, Cache Creek addition, and Bond Street Park. She asked staff if it was common practice for a project, whose funding source did not work out, to drop off at that time. Mr. Duenas confirmed that projects without funding were removed from the list. Motion by Council President Moore, seconded by Councilor Patton, to approve the capital improvement program for FY 2000-2001. Motion passed by majority voice vote of the Council present. (Mayor Nicoli, Council President Moore and Councilor Patton voted "yes." Councilors Hunt and Scheckla voted "no.") [3-2] 5. PUBLIC HEARING—CONSIDER RATIFYING RESOLUTION NO. 00-31, A RESOLUTION ADOPTING THE BUDGET, MAKING APPROPRIATIONS, DECLARING THE VALOREM TAX LEVY AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060(2) FOR FISCAL YEAR 2000-2001 a. Council President Moore opened the public hearing. b. Summation by Finance Department Craig Prosser, Finance Director, explained that staff thought it best for the Council to ratify the budget adopted on June 13, following the resolution of the capital improvement program question, since the CIP budget was included in the overall budget. c. Public Testimony Council President Moore opened the hearing to public testimony. Hearing none, he closed the hearing to public testimony. CITY COUNCIL MEETING MINUTES —JUNE 27, 2000 PAGE 7 • • d. Staff Recommendation Mr. Prosser recommended ratification of the budget. e. Council Questions or Comments Councilor Hunt commented that a `yes' vote for the budget effectively approved the capital expenditures budget. He observed that if he voted against the CIP, then he should vote against this budget. Mr. Corrigan indicated that the Councilor could vote `yes' if he believed that the City budget, in total, outweighed the negatives of the last motion. f. Council President Moore closed the public hearing g. Council Consideration: Resolution No. 00-32 Motion by Councilor Patton, seconded by Mayor Nicoli, to ratify Resolution 00-32. The City Recorder read the number and title of the resolution. RESOLUTION NO. 00-32, A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE BUDGET, MAKING APPROPRIATIONS, DECLARING THE VALOREM TAX LEVY AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060(2) FOR FISCAL YEAR 2000- 2001. Motion passed by majority voice vote of the Council present. (Mayor Nicoli, Council President Moore and Councilor Patton voted "yes." Councilors Hunt and Scheckla voted"no.") [3-2] 6. CONSIDER A RESOLUTION CALLING FOR AN ELECTION ON NOVEMBER 7, 2000, TO SUBMIT TO THE VOTERS THE QUESTION OF CONTRACTING A GENERAL OBLIGATION BONDED INDEBTEDNESS IN THE AMOUNT OF $16 MILLION TO FINANCE TRANSPORTATION SYSTEM IMPROVEMENT PROJECTS • Mr. Duenas reviewed the history of this project and the Council's direction at the May 9, 2000, meeting for staff to return with a resolution and ballot title to place the Transportation Bond package on the November 7, 2000, ballot. He summarized the projects included in the package (See May 9, 2000, PowerPoint presentation for details). Motion by Councilor Patton, seconded by Mayor Nicoli, to adopt Resolution 00-33 calling for an election on the Transportation Bond measure. The City Recorder read the number and title of the resolution. RESOLUTION 00-33, A RESOLUTION OF TIGARD CITY COUNCIL CALLING FOR AN ELECTION ON THE NOVEMBER 7, 2000, TO SUBMIT TO THE VOTERS THE QUESTION OF CONTRACTING A GENERAL OBLIGATION BONDED INDEBTEDNESS IN THE AMOUNT OF $16 MILLION DOLLARS TO FINANCE TRANSPORTATION SYSTEM IMPROVEMENT PROJECTS. Motion passed by majority voice vote of the Council present. (Mayor Nicoli, Council President Moore and Councilor Patton voted "yes." Councilors Hunt and Scheckla voted"no.") [3-2] Mayor Nicoli , attending via telephone, left the meeting. > The Council considered Item 1.4, Council Communications, at this time. CITY COUNCIL MEETING MINUTES — JUNE 27, 2000 PAGE 8 • • 7. CONSIDER AN INTERGOVERNMENTAL AGREEMENT WITH WASHINGTON COUNTY, PROVIDING FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS FOR THE CITY AS PART OF A PROJECT OF THE COUNTY'S MAJOR STREETS TRANSPORTATION IMPROVEMENT PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT. Mr. Duenas explained that staff wanted to coordinate with the County to incorporate a sewer reimbursement district within the Walnut and 121st Avenue MSTIP3 project limits, to extend the project's storm drainage line across Walnut, to install water lines, and to underground the utilities. He asked the Council to approve the resolution authorizing the City Manager to sign the intergovernmental agreement and to forward it to the County Board for its approval. Motion by Councilor Hunt, seconded by Councilor Scheckla, to adopt Resolution 00-36. The Deputy City Recorder read the number and title of the resolution. RESOLUTION 00-36, A RESOLUTION OF THE CITY COUNCIL, CITY OF TIGARD, OREGON, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND WASHINGTON COUNTY PROVIDING FOR THE CONSTRUCTION OF CERTAIN IMPROVEMENTS FOR THE CITY AS PART OF A PROJECT OF THE COUNTY'S MAJOR STREETS TRANSPORTATION IMPROVEMENT PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT. Motion was approved by unanimous voice vote of Council present. (Councilors Hunt, Moore, Patton and Scheckla voted "yes.") [4-0] 8. PUBLIC HEARING (LEGISLATIVE) -- ZONE ORDINANCE AMENDMENT TO ALLOW DAYCARE USES IN INDUSTRIAL ZONES (ZOA) 1999-0003 The applicant is proposing a Zone Ordinance Amendment to change the City of Tigard Community Development Code to allow daycare uses outright or conditionally in all industrial-zoned properties. LOCATION: All Industrial Zones, Citywide. ZONES: Light Industrial, I-L; Industrial Park, I-P; and Heavy Industrial,I-H. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 5 and 12.3; The Metro 2040 Plan; and Statewide Planning Goals 2 and 9. a. Council President reconvened the public hearing. b. Declarations or Challenges There were none. c. Summation by Community Development Department Julia Hajduk, Associate Planner, recalled the staff presentation of two options at the Council June 20 work session, and the Council's direction to staff to prepare an amendment to the Code to allow daycare uses with restrictions in all industrial zones (page 2, 4). She recommended approval of the zone ordinance amendment. CITY COUNCIL MEETING MINUTES —JUNE 27, 2000 PAGE 9 • • d. Public Testimony • Mark Padgett, 11270 SW 95th Mr. Padgett asked the Council not to approve the zone ordinance amendment. He discussed the Planning Commission's support of allowing businesses already operating in an industrial zone to provide daycare to their workers within their industrial site. He explained that the Commission denied the request to allow stand-alone daycares in the industrial zone because of the limited amount of industrial zoned land in the City, and the likelihood that such daycares could be used by people working anywhere in the City. He characterized it as simply allowing another commercial use in an industrial zone. Mr. Padgett indicated that the Commission heard no testimony from any business owners in the industrial zones that they needed this use to remain competitive. He reiterated that the Commission felt allowing the option of existing business owners to set aside a portion of their property for employee daycare satisfied the economic development argument. Councilor Hunt pointed out that not all businesses in the industrial zones were large enough to provide daycare for their small number of employees. Mr. Padgett suggested that those businesses provide a co-op daycare within their own properties. He reiterated the Commission's concern at the limited amount of industrial land left in the City. He held that there was no history supporting the contention that convenient daycare in the industrial zone provided a benefit to the workers or that the majority of people using the daycare would work in the industrial zone. He emphasized that the Commission saw no compelling need for this use. He said that the Commission did not feel that the legislative process was the appropriate place to solve economic development issues. • John Brosy Mr. Brosy stated that, since the Commission hearing, they have obtained letters from business owners of industrial properties expressing support of the zone ordinance change and the need for daycares closer to employment generators in the City. He said that the track history showed that the City's existing code provision for daycares in IP zones has not been helpful, as only one daycare existed. He reiterated that freestanding daycares typically occupied 35,000 square foot lots. He projected two to three daycares moving into the Tigard industrial areas in the next 10 years. He restated their support of staff's first option, daycares as outright permitted uses in industrial zones with restrictions, provided that staff was reasonable in its handling of the scope of the required environmental impact statement. e. Staff Recommendation Ms. Hajduk recommended approval of the ordinance with the draft changes. f. Council Questions or Comments g. Council President Moore closed the public hearing h. Consideration by the Council: Ordinance No. 00-23 Motion by Councilor Patton, seconded by Councilor Hunt, to adopt Ordinance 00-23. The Deputy City Recorder read the number and title of the ordinance. ORDINANCE 00-23, AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE TO ALLOW DAYCARE USES IN INDUSTRIAL ZONES. CITY COUNCIL MEETING MINUTES --JUNE 27, 2000 PAGE 10 • • • Motion was approved by unanimous voice vote of Council present. (Councilors Hunt, Council • President Moore, Patton and Scheckla voted "yes.") [4-0] Council President Moore recessed the meeting for a break. He reconvened the meeting. 9. CONSIDER A RESOLUTION ESTABLISHING BUILDING, PLUMBING, MECHANICAL AND ELECTRICAL PERMIT AND RELATED FEES Gary Lampella, Building Official, gave a PowerPoint presentation on the resolution to increase building, plumbing, mechanical and electrical permit fees (see Council packet materials for details). He noted that this 51% increase was the second part of the original 102% increase. He cited the reorganization of the department as the reason for the reduction in the proposed 30% fee increase for the multi-family dwellings and commercial to 25%. He reviewed the current reserve amounts and projected deficits for the various programs for FY 1999/2000. He indicated that the Council did approve fund transfers to cover the deficits in the electrical and the building funds, and that staff continued negotiations with Washington County for funds to cover the urban services area. Mr. Lampella reviewed the increased fee amounts that would allow the City to cover the actual costs of the programs and to begin to develop a six month reserve over a five year period: 45% plumbing, 45% mechanical, 25% electrical, 25%multi-family building, and 25% commercial. He reviewed the reserve amounts resulting from the fee increases. He commented that historically mechanical programs were not self-supporting in Oregon, and staff would do more research to see how they could improve the fund. He discussed the SB 512 fee methodology, which defined how jurisdictions in the tri-county area determined permit fees. Mr. Lampella observed that the cost of doing business depleted the dedicated reserve fund established by the City in 1997 (starting balance of$305,000). He spoke to building the reserves back up over five years to allow the City to make it through the lean years. He reviewed a chart illustrating the projected revenues in each fund versus the projected program costs. He commented that the revenues optimistically assumed collection of every penny of projected revenue. He reviewed the impacts of the department reorganization on the various divisions, including staff reductions, consolidations, transfers, and task reassignments. Mr. Lampella pointed out that the FY 2000/01 budget of$1.29 million was a reduction of$210,000 from the $1.5 million FY 1999/2000 budget. He emphasized that, with the reorganization, staff believed that more modest fee increases were possible. Mr. Hendryx commented that Mr. Lampella did a very conservative estimate. He said that Mr. Lampella was correct in stating that his projections assumed revenue that collected every cent; however, his projections were based on a flat or slightly increased building activity, and did not include a huge increase in building activity. He indicated that staff would monitor the situation monthly. Mr. Lampella said that he based his projections on past trends,which indicated a level amount of building activity, not a dramatic increase or decrease. Councilor Hunt asked how much would these fee increases impact the cost of a $200,000 house. Mr. Lampella estimated a$400 to $500 increase per house. Council President Moore observed that if the City did not collect these permit fees, then it had to use general fund property tax dollars to support the programs. Mr. Lampella explained that their projected revenues were guesses on how much the City would collect each year. CITY COUNCIL MEETING MINUTES —JUNE 27, 2000 PAGE 11 • • Councilor Scheckla asked what Kevin Wing, the representative for the Homebuilders Association, thought of these fee increases. Mr. Lampella stated that staff has kept the Homebuilders and Mr. Wing informed of the City's actions with respect to the fee increases. He commented that the contractors with whom he has spoken understood the need for the fee increases, although they did not necessarily like them. Mr. Lampella stated that the City needed these large fee increases now because it did not do incremental fee increases over the years. Council President Moore opened the meeting to public testimony. • Kevin Wing, Homebuilders Association Mr. Wing stated that the Homebuilders used the reasonable and necessary test prescribed in the Oregon statutes in evaluating fee increases. He mentioned the Homebuilders' appeal to the State Building Codes Division of Tigard's 51% fee increase; the hearings officer approved the fee increase but not the methodology. He quoted from the hearings officer's report with respect to cities not including indirect administrative costs in the methodology, only direct program costs. He mentioned the hearings officer's comment that some of the materials and services were improperly allocated. He emphasized the finding that cities should recover indirect administrative costs from somewhere other than permit fees. Mr. Wing said that if the City removed these indirect administrative costs from the budget, then the deficit would likely disappear. He expressed his appreciation for Mr. Lampella's work. He commented that he thought it likely that a City policy ordered them to collect costs that should not be allocated to permit purchasers. Mr. Wing confirmed to Councilor Hunt that he thought that was the case in this current request. Council President Moore disagreed with Mr. Wing's comments. He argued that these were appropriate increases, regardless of whether or not they were appealed. Mr. Hendryx stated that staff used the latest methodology set out in SB 587 for how jurisdictions justified expenses for building programs. He noted that the methodology allocated the application of certain indirect expenses to the programs, within certain guidelines. He mentioned that this was different from the Hearings Officer's report from a year ago. Councilor Scheckla asked if Tigard's fees were out of line with other cities in the area. Mr. Wing said that he did not know, as his concern focused on the fairness and equity of the methodology rather than the final outcome. • Jim Chapman, Legend Homes Mr. Chapman discussed the importance of a strong building department in preventing chaos, citing what happened in a neighboring jurisdiction. He indicated that he found the increases reasonable. He spoke to a stronger building department reducing permit processing time and saving money for both the builder and the homeowner. He commented that he wanted the Tigard Building Division to be able to continue its excellent service. He said that he did not know how the methodology compared to other cities. He mentioned his service on a Tri-County Services Board intended to help building departments streamline and unify their procedures, which he said should benefit the Tigard Building Department. CITY COUNCIL MEETING MINUTES —JUNE 27, 2000 PAGE 12 4 • Councilor Scheckla asked how Tigard compared to other jurisdictions with respect to procedures and fees. Mr. Chapman said that, excluding the SDC fee issue, Tigard's fees overall were in the middle. He characterized them as fair and equitable. He commented that he thought Tigard's staffing level had been high in years past for a City of its size but it did have a lot of building activity, which was now decreasing as the City's buildable land decreases. He indicated that the department reorganization was working well. He mentioned a.permit application turn around in a few days at Tigard, as compared to 8 weeks at Washington County. • Craig Prosser, Finance Director Mr. Prosser discussed the issue of the allocation of the cost, indicating that staff tried to be very careful about it and follow the SB 587 standards to the letter. He mentioned the main standard that a jurisdiction had to use the same methodology to allocate costs across all the services provided, whether that be building services or water or whatever. He referenced the training for Building Officials that Mr. Lampella attended, which provided examples on how to apply the SB 587 methodology standards. He stated that staff was comfortable that the City was in compliance with state law. Motion by Councilor Scheckla, seconded by Councilor Hunt, to adopt Resolution 00-37. The Deputy City Recorder read the number and title of the resolution. RESOLUTION NO. 00-37, A RESOLUTION ESTABLISHING BUILDING, PLUMBING, MECHANICAL AND ELECTRICAL PERMITS AND RELATED FEES. Motion was approved by unanimous voice vote of Council present. (Councilors Hunt, Council President Moore, Patton and Scheckla voted "yes.") [4-0] 10. PUBLIC HEARING—SUPPLEMENTAL BUDGET FOR FISCAL YEAR 1999/2000 a. Council President Moore opened the public hearing. b. Summation by Finance Department Mr. Prosser explained that the costs for the 69th LID came in higher than the estimated $901,000 due' to additional work requested by property owners and higher than anticipated acquisition costs. He asked for a budget adjustment to reflect the actual expenditures. Mr. Prosser noted a correction on the exhibit: there was no interfund loan included in the sources for the additional money. He explained that because of a court case on a property acquisition for the LID not scheduled for hearing until October 4, staff opted for interim financing rather than roll over an interfund loan as of October 1. Mr. Prosser reviewed for Councilor Scheckla the process of an LID. Councilor Scheckla asked if the deficit would impose a hardship on the homeowners within the LID. Mr. Duenas said that it probably would. He noted that the Council decided to apply the approved assessment method to everyone without exception. He said that the homeowners could address Council when the final assessments came forward for approval. Staff reassured Councilor Scheckla that the work of a private developer in remodeling his building did not impact the LID costs. c. Public Testimony Council President Moore opened the hearing to public testimony. Hearing none, he closed the public testimony. CITY COUNCIL MEETING MINUTES —JUNE 27, 2000 PAGE 13 • • d. Staff Recommendation Mr. Prosser recommended approval of the supplemental budget. e. Council Questions or Comments f. Council President Moore closed the public hearing g. Council Consideration: Resolution No. 00-38 Motion by Councilor Hunt, seconded by Councilor Patton, to adopt Resolution 00-38. Motion was approved by majority voice vote of Council present. (Councilors Hunt, Council President Moore, and Patton voted "yes." Councilor Scheckla voted "no.") [4-0] 11. INFORMATIONAL PUBLIC HEARING—SANITARY SEWER REIMBURSEMENT DISTRICT NO. 18 -- SW WALNUT STREET AT THE INTERSECTION WITH SW 121ST AVENUE a. Council President Moore opened the public hearing. b. Summation by Engineering Department Greg Berry, Project Engineer, stated that this tenth reimbursement district project would add 24 sewer services, bringing the total number of sewer services provided through the program to 146.. He indicated that the projected cost of$207,350 split into $8,640 fee per owner, with the actual cost determined after construction. He mentioned the additional $2,335 connection fee. He confirmed to Councilor Patton that the homeowners in this district who connected within the first year paid $8,000 per the resolution. c. Public Testimony Council President Moore opened the hearing to public testimony. Hearing none, he closed the public testimony. d. Staff Recommendation Mr. Berry recommended approval of the resolution establishing the reimbursement district. e. Council Questions or Comments f. Council President Moore closed the public hearing Mr. Berry confirmed to Councilor Patton that the homeowner chose when to connect to the new sewer; there was no requirement by the City to do so. He indicated to Councilor Scheckla that seven people had been in favor of the district, although staff had a lot of no responses. He explained that a City-initiated reimbursement district did not require a majority. g. Council Consideration: Resolution No. 00-39 Motion by Councilor Patton, seconded by Councilor Hunt,to adopt Resolution No. 00-39. The Deputy City Recorder read the number and title of the resolution. RESOLUTION NO. 00-39, A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 18. • CITY COUNCIL MEETING MINUTES —JUNE 27, 2000 PAGE 14 • • • Councilor Hunt asked if staff received any applications for reimbursement districts in the Walnut Island area. Mr. Berry said that they have not. He commented that staff was being more aggressive in surveying people in attempts to start projects but the problem was that those who wanted sewers tended to be scattered; they needed to find a concentrated number of people who want sewers in order to create a project. He indicated that anyone interested in consideration for a project should call him. Motion was approved by unanimous voice vote of Council present. (Councilors Hunt, Council President Moore, Patton and Scheckla voted "yes.") [4-0] 12. COUNCIL LIAISON REPORTS - NONE 13. NON-AGENDA ITEMS - NONE 14. STUDY SESSION Council President Moore adjourned the meeting to Study Session at 9:55 p.m. • Mr. Monahan reviewed the Volunteer Recognition event. • Mr. Monahan reported that the Korean War Commemorative Committee has approved the City for participation. He stated that Councilor Scheckla has been working with Patsy Nestor of the Legion. He mentioned the ceremonial event scheduled for the July 11 Council meeting. He indicated that staff advertised in the Cityscape for any Korean War vets to identify themselves, if they were not already on the Legion's roster. • Atfalati bond measure resolution was reviewed. Mr. Monahan reported that the staff informed Washington County that the Tigard Council wanted further input with respect to the Atfalati bond measure. He noted that the issue was whether or not to do a separate new resolution. He indicated that Gary Firestone of the City Attorney's Office concurred with County Counsel Dan Olsen's opinion that legally the City was fine with its existing resolution but he did not think that a separate resolution clarifying the Council's position would hurt anything. He said that he sent a letter to the County as a placeholder in their public hearing process, so that the City could testify at the second hearing on August 15, if the Council so desired. Council President Moore reiterated his support of proceeding with the existing resolution, and allowing the taxpayers to make the final decision. Councilor Patton indicated that the City Attorney's evaluation alleviated her concerns. Councilors Hunt and Scheckla each reiterated his opposition to the Atfalati resolution. Council President Moore suggested that the Council as a whole submit a letter voicing its concern that the permanent/non-permanent rate issue was not what it had voted on but indicating its understanding that its existing resolution was legal. Councilor Hunt argued that this was a moving target and they did not know what they were voting on in many respects. He suggested a separate resolution so that it would be clear what they were voting on. Councilor Scheckla said that he preferred a new resolution so he could go on record as opposing the permanent tax rate. CITY COUNCIL MEETING MINUTES —JUNE 27, 2000 PAGE 15 • • Councilor Patton indicated that she could support keeping the existing resolution or doing another resolution. She reiterated that she still supported the Atfalati resolution. She commented that her biggest concern was how clearly Washington County would draft the ballot statement informing the voters of what they were voting on. Council President Moore suggested including Councilor Patton's concern in the Council letter to the County. Councilor Hunt asked how he and Councilor Scheckla could indicate their opposition to the County. Mr. Corrigan said that Councilors, as elected officials, were free to voice their opinions; the only consideration was the political fall-out. Mr. Monahan suggested having an open public discussion in which the opinions of each of the Councilors were clearly reflected in the meeting minutes. Councilor Hunt mentioned his concern that the public know what happened. Mr. Monahan suggested inviting Atfalati to a regular Council meeting to discuss their position. Council President Moore commented that Atfalati made an informed decision at its meeting to combine the two rates. Councilor Scheckla reiterated that he wanted a separate resolution so that he could go on record as opposing the permanent rate. Mr. Corrigan indicated that the existing resolution was not interpreted as the Council voting on any rate. Mr. Monahan said that staff would bring forward a resolution supporting the permanent rate combining the two rates, which would allow a clear vote by the Council. • Councilor Hunt asked the Council to consider naming the new athletic field at Cook Park `The Nicoli Brothers Recreation Field' in recognition of the efforts of Jim and Dave Nicoli on behalf of recreation in the community. The Council unanimously supported consideration of Councilor Hunt's suggestion. Mr. Monahan said that staff could bring the matter forward at the July 11 meeting. The Council discussed whether to name it `Jim and Dave Nicoli' or `The Nicoli Brothers.' 14. EXECUTIVE SESSION The Tigard City Council went into Executive Session at 10:05 p.m. under the provisions of ORS. 192.660 (1) (d), (3), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 15. ADJOURNMENT: 10:35 p.m. Attest: Yreer A. Gaston, Deputy City Recorder Council Presi Brian J. Moore Date:.--4 5 5t a a cO/) CITY COUNCIL MEETING MINUTES —JUNE 27, 2000 PAGE 16 • • "EXHIBIT A" CITY OF TIGARD, OREGON ORDINANCE NO. 00- 23 AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE TO ALLOW DAY CARE USES IN INDUSTRIAL ZONES WHEREAS, the applicant requested a Zone Ordinance Amendment to allow day care uses either conditionally or outright in all industrial zones; and WHEREAS, the City Council opened a Public Hearing on the request on April 11, 2000 and heard testimony on April 25, 2000 and indicated they were supportive of the proposed zone change and directed staff to prepare langauge and an Ordinance for Council review and approval; and WHEREAS, Staff prepared recommended language and an Ordinance which was discussed at the June 20, 2000 City Council work sesssion; and WHEREAS, the City Council determined that the proposed language adequately addressed concerns regarding protecting both the proposed daycare uses, as well as, existing adjacent industrial uses; and WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Sections 18.380 and 18.390; Comprehensive Plan Policies 5 and 12.3; The Metro 2040 Plan; and Statewide Planning Goals 1, 2, 9, 12 and 14; and WHEREAS, the City Council has determined that the proposed zone ordinance amendment is consistent with the applicable review criteria and that approving the request would be in the best interest of the City of Tigard. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The specific text amendements attached to this Ordinance are hereby adopted and approved by the City Council. PASSED: This A q- day of u ttL1 ,2000. Brian J. Moore, Council President ATTEST• 6/AZ ��%T/�� City R ecorder r ty ofTigara Greer A. Gaston,Deputy City Recorder ORDINANCE NO. 00- 23 is\curpin\julia\zoa1999-03ORDdoc Page 1 of 1 19-Jun-00/9:47 AM f • • • **DRAFT** PROPOSED CHANGES FOR OUTRIGHT PERMITTED USE,WITH RESTRICTIONS TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES • USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living R' R' R' Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC(INSTITUTIONAL) Basic Utilities C . C P Colleges N N N • Community Recreation N N N Cultural Institutions N N N Day Care R2 3=-2 R3. --) R3---2 Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N. N Eating and Drinking Establishments R2 N N Entertainment-Oriented - Major Event Entertainment N N N - Outdoor Entertainment P N N - Indoor Entertainment P N N - Adult Entertainment N N N General Retail - Sales-Oriented R2 N N - Personal Services R2 N N - Repair-Oriented P N N - Bulk Sales N N N - Outdoor Sales N P P - Animal-Related P P P Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C' P Office P N N - Self-Service Storage P P P Non-Accessory Parking P P P Page 1 of 4 P • • TABLE 18.530.1 (CON'T) USE CATEGORY I-P I-L I-H INDUSTRIAL Industrial Services N P P Manufacturing and Production - Light Industrial P P P - General Industrial N P P - Heavy Industrial N N P Railroad Yards N N P_ Research and Development P P P Warehouse/Freight Movement N P P Waste-Related . N N P Wholesale Sales R4 P P OTHER Agriculture/Horticulture P5 P5 P5 Cemeteries N C N Detention Facilities C N C Heliports . C C C Mining N N P Wireless Communication Facilities P/R6 P P Rail Lines/Utility Corridors P P P Other NA NA P8 P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'A single-family detached dwelling or single-family mobile or manufactured home allowed for caretaker or kennel owner/operator when located on the same lot as the permitted use and is exclusively occupied by the caretaker or kennel owner/operator and family. 2These limited uses, separately or in combination, may not exceed 20% of the entire square footage within a development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. 3In-home day care which meets all state requirements permitted by right. 4Permitted if all activities, except employee and customer parking, are wholly contained with a building(s). 5When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 6See Chapter 18.798, Wireless Communication Facilities, for definition of permitted and restricted facilities in the I-P zone. 'Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is permitted conditionally. 8Explosive storage permitted outright subject to regulations of Uniform Fire Code. --' Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with 18.530.050.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor openspace setbacks. Page 2 of 4 • • 18.530.040 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370. 2. All other applicable standards and requirements contained in this title. B. Development Standards. Development standards in industrial zoning districts are contained in Table 18.530.2 below: TABLE 18.530.2 DEVELOPMENT STANDARDS IN INDUSTRIAL ZONES STANDARD I-P I-L I-H Minimum Lot Size None None None Minimum Lot Width 50 ft. 50 ft. 50 ft. Minimum Setbacks -Front yard 35 ft. 30 ft. 30 ft. -Side facing street on corner& through lots [1] 20 ft. 20 ft. 20 ft. -Side yard 0/50 ft. [3] 0/50 ft. [3] 0/50 ft. [3] -Rear yard 0/50 ft. [3][4] 0/50 ft. [3] 0/50 ft. [3] -Distance between front of garage &property line abutting a public or private street -- -- -- Maximum height 45 ft. 45 ft. 45 ft. Maximum Site Coverage[2] 75 %[5] 85 % 85% Maximum Landscape Requirement 25 %[6] 15 % 15% [1]The provisions of Chapter 18.795 (Vision Clearance)must be satisfied. [2] Includes all buildings and impervious surfaces. [3]No setback shall be required except 50 feet shall be required where the zone abuts a residential zoning district. [4] Development in industrial zones abutting the Rolling Hills neighborhood shall comply with Policy 11.5.1. [5] Maximum site coverage may be increased to 80%if the provisions of Section 18.530.050B are satisfied. [6]Except that a reduction to 20%of the site may be approved through the site development review process. I-P-Industrial Park District I-L-Light Industrial I-H-Heavy Industrial Page 3 of 4 • • 18.530.050 Additional Development Standards A. Commercial lodging in the I-P zone. The following development standards shall apply for a commercial lodging facility located in the I-P zone: 1. Site size shall be a minimum of two acres and a maximum of five acres. 2. The site shall have access to be approved by the City Engineer to an arterial or major collector street with capacity sufficient to ensure that adequate access to local businesses is maintained. 3. Ancillary uses, also permitted in the I-P zone as contained in Chapter 18.530 shall be allowed as integral elements of the commercial lodging development, provided they comprise no more than 20%of total floor area. 4. Signage shall conform to Chapter 18.780. B. Reduction of lot coverage requirements. Lot coverage may be increased from 75% to 80% as part of the site development review process, providing the following requirements are satisfied: 1. The minimum landscaping requirement shall be 20% of the site. 2. The applicant shall meet the following performance standards with regard to the landscaping plan approved as part of the site development review process: a. Street trees, as required by Section 18.745.040 Cl are to be installed with a minimum caliper of three inches rather than the two inches as measured at four feet in height; b. The landscaping between a parking lot and street property line shall have a minimum width of 10 feet; c. All applicable buffering, screening and setback requirements contained in Section 18.745.050 shall be satisfied. d. The applicant shall provide documentation of an adequate on-going maintenance program to ensure appropriate irrigation and maintenance of the landscape area. C. Day care uses. The following standards shall apply for commercial day care uses in industrial zones: 1. The Environmental Impact Assessment must document noise, visible emissions. vibration, odor, glare and heat from uses within one quarter mile. A plan and program for day care facilities to provide mitigation on-site for any of the above off-site impacts must be provided. Sound attenuation walls, screening. window covering. shades. and other such means are appropriate means of mitigation and may be attached as conditions of approval. 2. The State of Oregon Child Care Division Certification Section shall be notified of the proposed site plans priorto submitting an application to insure that the plans submitted generally address the permitting requirements. 3. Prior to occupancy of a proposed day care, evidence of certification through the State of Oregon Child Care Division shall be provided. I:\curpin\julia\zoa\zoa1999-02 proposed changes.doc Page 4 of 4 Pt ** • :r.} ����. .e Pea�' _ °'X°` ////i%I���n� �1� TIGARD:,CITY'COUNCIL.-�;::.,w= ` ``'' — l 'i =8BUSINESS.MEETING` `°= `° =3 _ E27;:2000 PM CITY TI G RD TIGARD CITY HALL :if; 1:3125,SW:HALL nBLVD :: `` • STIGARD,;OREGON 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639- 4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA— JUNE 27, 2000 - PAGE 1 • • • AGENDA TIGARD CITY COUNCIL BUSINESS MEETING JUNE 27, 2000 6:30 PM • STUDY SESSION > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), (f) 81 (h) to discuss labor relations, real property transactions, exempt public records, and current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. > Management/Confidential/Supervisory Classification/Compensation Study — Benefits Recommendation 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council 81 Local Contract Review Board 1.2 Roll Call 1 .3 Pledge of Allegiance 1 .4 Council Communications 1 .5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve a Resolution Adopting the Management/Confidential/Supervisory Group Pay Plan Effective July 1, 2000 — Resolution No. 00 - 3.2 Approve a Resolution Authorizing Refinancing and Additional Interim Financing for the 69th Avenue Local Improvement District — Resolution No. 00 - COUNCIL AGENDA— JUNE 27, 2000 - PAGE 2 • • • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 4. PUBLIC COMMENT — APPROVE CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2000-2001 a. Staff Report: Engineering Department b. Open Public Comment (Proponents, Opponents) c. Close Public Comment d. Council Questions or Comments e. Council Consideration: A motion to approve the capital improvement program for fiscal year 2000-2001 5. PUBLIC HEARING - CONSIDER RATIFYING RESOLUTION NO. 00-31, A RESOLUTION ADOPTING THE BUDGET, MAKING APPROPRIATIONS, DECLARING THE VALOREM TAX LEVY AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060(2) FOR FISCAL YEAR 2000-2001 a. Public Hearing Opened b. Declarations or Challenges c. Summation by Finance Department d. Public Testimony (Proponents, Opponents) e. Staff Recommendation f. Council Questions or Comments g. Public Hearing Closed h. Council Consideration: Resolution No. 00 - 6. CONSIDER A RESOLUTION CALLING FOR AN ELECTION ON NOVEMBER 7, 2000, TO SUBMIT TO THE VOTERS THE QUESTION OF CONTRACTING A GENERAL OBLIGATION BONDED INDEBTEDNESS IN THE AMOUNT OF $16 MILLION TO FINANCE TRANSPORTATION SYSTEM IMPROVEMENT PROJECTS a. Staff Report: Engineering Department b. Council Questions or Comments c. Council Consideration: Resolution No. 00 - • COUNCIL AGENDA— JUNE 27, 2000 - PAGE 3 • • 7. CONSIDER AN INTERGOVERNMENTAL AGREEMENT WITH WASHINGTON COUNTY, PROVIDING FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS FOR THE CITY AS PART OF A PROJECT OF THE COUNTY'S MAJOR STREETS TRANSPORTATION IMPROVEMENT PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT a. Staff Report: Engineering Department b. Council Questions or Comments c. Council Consideration: Resolution No. 00 - 8. PUBLIC HEARING (LEGISLATIVE) — ZONE ORDINANCE AMENDMENT TO ALLOW DAYCARE USES IN INDUSTRIAL ZONES (ZOA) 1999-0003 The applicant is proposing a Zone Ordinance Amendment to change the City of Tigard Community Development Code to allow daycare uses outright or conditionally in all industrial-zoned properties. LOCATION: All Industrial Zones, Citywide. ZONES: Light Industrial, I-L; Industrial Park, 1-P; and Heavy Industrial, I-H. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 5 and 12.3; The Metro 2040 Plan; and Statewide Planning Goals 2 and 9. a. Continue Public Hearing from April 25, 2000 b. Declarations or Challenges c. Summation by Community Development Department d. Public Testimony (Proponents/Opponents) e. Staff Recommendation f. Council Questions or Comments g. Close Public Hearing h. Council Consideration: Ordinance No. 00- 9. CONSIDER A RESOLUTION ESTABLISHING BUILDING, PLUMBING, MECHANICAL AND ELECTRICAL PERMIT AND RELATED FEES a. Staff Report: Community Development Department b. Council Questions or Comments c. Council Consideration: Resolution No. 00 - • COUNCIL AGENDA— JUNE 27, 2000 - PAGE 4 • • 10. PUBLIC HEARING — SUPPLEMENTAL BUDGET FOR FISCAL YEAR 1999/2000 a. Public Hearing Opened b. Summation by Finance Department c. Public Testimony (Proponents, Opponents) d. Staff Recommendation e. Council Questions or Comments f. Public Hearing Closed g. Consideration by Council: Resolution No. 00 - 11. INFORMATIONAL PUBLIC HEARING - SANITARY SEWER REIMBURSEMENT DISTRICT NO. 18 — SW WALNUT STREET AT THE INTERSECTION WITH SW 121' AVENUE a. Open Public Hearing b. Summation by Engineering Department c. Public Testimony (Proponents, Opponents) d. Staff Recommendation e. Council Questions or Comments f. Close Public Hearing g. Consideration by Council: Resolution No. 00 - 12. COUNCIL LIAISON REPORTS 13. NON AGENDA ITEMS • 14. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1 ) (d), (e), (f) 81 (h) to discuss labor relations, real property transactions, exempt public records, and current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 15. ADJOURNMENT I:\ADM\CATHY\CCA\000627P.DOC COUNCIL AGENDA—JUNE 27, 2000 - PAGE 5 • • • AGENDA ITEM# FOR AGENDA OF June 27. 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Zone Ordinance Amendment(Z0A1999-00003)to Allow Day Care Uses in Industrial Zones -P-1-1 PREPARED BY:Julia Hajduk DEPT HEAD OK J ICI CITY MGR OK C W Y) (W (O ISSUE BEFORE THE COUNCIL Adopt code language by Ordinance for the Zone Ordinance Amendment to allow day care uses in Industrial zones. STAFF RECOMMENDATION Adopt the attached Ordinance amending the Tigard Development Code to allow day care uses in Industrial zones. INFORMATION SUMMARY 1At the=Ap i 25;2000 public-hearing, the City Council indicated they were in favor of approving the request in concept. Staff was directed to prepare language and come to the City Council with recommended language at a work-session on Jun 2e`0.,_2000. Staff has prepared recommended language and a draft Ordinance to be discussed at the work session. Because of the timing for distribution of the Council Packet, staff has included the recommended language and Ordinance with this packet. Of course if Council provides direction to staff to make changes at the work session, staff will make the requested changes and include a revised Ordinance and code amendment language with the Council newsletter or distribute it at the meeting on June 27, 2000. The City Council directed staff at the April 25, 2000 public hearing to draft language for a code change that would allow day care uses in Industrial zones with restrictions that would both insure the safety and efficiency of the day care use, as well as, insure that adjacent uses could continue without the need to make site upgrades in response to the day care use adjacent to it. Staff contacted the Childcare Division Day Care Unit, DEQ, the Oregon Health Division, and several cities that allow day care uses in Industrial zones for input on proposed language. Attached, for reference, is the detailed summary of staff's findings, the proposed language with restrictions, and a draft Ordinance (these items were also included in the packet for the June 20, 2000 meeting). Exhibits: A- Proposed Ordinance with Industrial Zone Section Code Language Attached B - Summary of Staff's Recommendation and Background Information OTHER ALTERNATIVES CONSIDERED Direct staff to make additional changes to the proposed language prior to the City Council meeting. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES N/A I:curpin/jul ia/zoa/zoa I999-03ais5.doc 19-Jun-00/9:43 AM • • "EXHIBIT A" CITY OF TIGARD, OREGON ORDINANCE NO. 00- AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE TO ALLOW DAY CARE USES IN INDUSTRIAL ZONES WHEREAS, the applicant requested a Zone Ordinance Amendment to allow day care uses either conditionally or outright in all industrial zones; and WHEREAS, the City Council opened a Public Hearing on the request on April 11, 2000 and heard testimony on April 25, 2000 and indicated they were supportive of the proposed zone change and directed staff to prepare langauge and an Ordinance for Council review and approval;and WHEREAS, Staff prepared recommended language and an Ordinance which was discussed at the June 20, 2000 City Council work sesssion; and WHEREAS, the City Council determined that the proposed language adequately addressed concerns regarding protecting both the proposed daycare uses, as well as, existing adjacent industrial uses; and WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Sections 18.380 and 18.390; Comprehensive Plan Policies 5 and 12.3; The Metro 2040 Plan; and Statewide Planning Goals 1, 2, 9, 12 and 14; and WHEREAS, the City Council has determined that the proposed zone ordinance amendment is consistent with the applicable review criteria and that approving the request would be in the best interest of the City of Tigard. - NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The specific text amendements attached to this Ordinance are hereby adopted and approved by the City Council. PASSED: This day of ,2000. Mayor-City of Tigard ATTEST: City Recorder- City of Tigard ORDINANCE NO. 00- i:\curpin\julia\zoa1999-03ORDdoc Page 1 of 1 19-Jun-00/9:47 AM • • **DRAFT** PROPOSED CHANGES FOR OUTRIGHT PERMITTED USE, WITH RESTRICTIONS TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living R' R' R' Group Living N N . N Transitional Housing N N N Home Occupation N N N CIVIC (INSTITUTIONAL) Basic Utilities C C P Colleges N N N Community Recreation N N . N Cultural Institutions N N N Day Care R 3.=? R3 9 R3 9 Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Eating and Drinking Establishments R2 N N Entertainment-Oriented - Major Event Entertainment N N N - Outdoor Entertainment P N N - Indoor Entertainment P " N N - Adult Entertainment N N N General Retail - Sales-Oriented R2 N N - Personal Services R2 N N - Repair-Oriented • P N N - Bulk Sales N N N - Outdoor Sales N P P - Animal-Related P P P Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C' P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P • • TABLE 18.530.1 (CON'T) USE CATEGORY I-P I-L I-H INDUSTRIAL Industrial Services N P P Manufacturing and Production - Light Industrial P P P - General Industrial N P P - Heavy Industrial N N P Railroad Yards N N P Research and Development P P P Warehouse/Freight Movement N P P Waste-Related N N P Wholesale Sales R4 P P OTHER Agriculture/Horticulture P5 P5 P5 Cemeteries N C N Detention Facilities C N C Heliports C C C Mining N N P Wireless Communication Facilities P/R6 P P Rail Lines/Utility Corridors P P P Other NA NA P' P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'A single-family detached dwelling or single-family mobile or manufactured home allowed for caretaker or kennel owner/operator when located on the same lot as the permitted use and is exclusively occupied by the caretaker or kennel owner/operator and family. 2These limited uses, separately or in combination, may not exceed 20% of the entire square footage within a development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. 3In-home day care which meets all state requirements permitted by right. 4Permitted if all activities, except employee and customer parking, are wholly contained with a building(s). 5When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 6See Chapter 18.798, Wireless Communication Facilities, for definition of permitted and restricted facilities in the I-P zone. 'Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is permitted conditionally. 'Explosive storage permitted outright subject to regulations of Uniform Fire Code. 9 Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment. The design of the day care must fully comply with State of Oregon requirements for outdoor openspace setbacks. • • • 18.530.040 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370. 2. All other applicable standards and requirements contained in this title. B. Development Standards. Development standards in industrial zoning districts are contained in Table 18.530.2 below: TABLE 18.530.2 DEVELOPMENT STANDARDS IN INDUSTRIAL ZONES STANDARD I-P I-L I-H Minimum Lot Size None None None Minimum Lot Width 50 ft. 50 ft. 50 ft. Minimum Setbacks -Front yard 35 ft. 30 ft. 30 ft. -Side facing street on corner& through lots [1] 20 ft. 20 ft. 20 ft. - Side yard 0/50 ft. [3] 0/50 ft. [3] 0/50 ft. [3] -Rear yard 0/50 ft. [3][4] 0/50 ft. [3] 0/50 ft. [3] -Distance between front of garage &property line abutting a public or private street -- -- -- Maximum height 45 ft. 45 ft. 45 ft. Maximum Site Coverage [2] 75 % [5] 85% 85 % Maximum Landscape Requirement 25 % [6] 15% 15% [1] The provisions of Chapter 18.795 (Vision Clearance)must be satisfied. [2] Includes all buildings and impervious surfaces. [3]No setback shall be required except 50 feet shall be required where the zone abuts a residential zoning district. [4]Development in industrial zones abutting the Rolling Hills neighborhood shall comply with Policy 11.5.1. [5]Maximum site coverage may be increased to 80%if the provisions of Section 18.530.050B are satisfied. [6] Except that a reduction to 20%of the site may be approved through the site development review process. I-P-Industrial Park District I-L- Light Industrial I-H- Heavy Industrial • • • 18.530.050 Additional Development Standards A. Commercial lodging in the I-P zone. The following development standards shall apply for a commercial lodging facility located in the I-P zone: 1. Site size shall be a minimum of two acres and a maximum of five acres. 2. The site shall have access to be approved by the City Engineer to an arterial or major collector street with capacity sufficient to ensure that adequate access to local businesses is maintained. 3. Ancillary uses, also permitted in the I-P zone as contained in Chapter 18.530 shall be allowed as integral elements of the commercial lodging development, provided they comprise no more than 20% of total floor area. 4. Signage shall conform to Chapter 18.780. B. Reduction of lot coverage requirements. Lot coverage may be increased from 75% to 80% as part of the site development review process, providing the following requirements are satisfied: 1. The minimum landscaping requirement shall be 20%of the site. 2. The applicant shall meet the following performance standards with regard to the landscaping plan approved as part of the site development review process: a. Street trees,as required by Section 18.745.040 Cl are to be installed with a minimum caliper of three inches rather than the two inches as measured at four feet in height; • b. The landscaping between a parking lot and street property line shall have a minimum width of 10 feet; c. All applicable buffering, screening and setback requirements contained in Section 18.745.050 shall be satisfied. d. The applicant shall provide documentation of an adequate on-going maintenance program to ensure appropriate irrigation and maintenance of the landscape area. C. Day care uses. The following standards shall apply for commercial day care uses in industrial zones: 1. The Environmental Impact Assessment must document noise, visible emissions, vibration, odor, glare and heat from uses within one quarter mile. A plan and program for day care facilities to provide mitigation on-site for any of the above off-site impacts must be provided. Sound attenuation walls. screening, window covering, shades, and other such means are appropriate means of mitigation and may be attached as conditions of approval. 2. The State of Oregon Child Care Division Certification Section shall be notified of the proposed site plans prior to submitting an application to insure that the plans submitted generally address the permitting requirements. 3. Prior to occupancy of a proposed day care, evidence of certification through the State of Oregon Child Care Division shall be provided. • I:\curpin\julia\zoa\zoa1999-02 proposed changes.doc • • "EXHIBIT B" =l■�i City of Tigard Community Development Shaping Better Community MEMORANDUM CITY OF TIGARD, OREGON 13125 SW Hall Boulevard Tigard, Oregon 97223 (503)639-4171 Fax 684-7297 TO: City Council FROM: Julia Hajduk, Associate Planner DATE: June 2, 2000 SUBJECT: Zone Ordinance Amendment to Allow Day care uses in Industrial Zones Recommendation and Background Information. The City Council indicated that they had concerns that a new day care next to existing industrial uses would require the existing industrial uses to change their operating procedures to comply • with regulatory requirements. Staff has contacted the Children's Services Division (CSD) Day Care Unit, DEQ, and the Oregon Health Division to research whether there would be any potential problems. Staff has also reviewed the Tigard Municipal Code and several other cities development codes for guidance in preparing recommended language. The following summarizes what staff found: CSD There are no locational criteria for a day care that would prohibit location near an industrial use. The standards do, however, require a certain amount of outdoor space based on the number of children using the facility at one time. DEQ DEQ standards do not require different compliance standards based on the use of adjacent properties, therefore, a day care would not require any more regulatory compliance than that.of another industrial use. When asked if the federal EPA may have rules or regulations that would impact existing uses next to new day cares, staff was informed that DEQ regulates the EPA rules. Since DEQ rules are not dependent on the use or adjacent uses, neither would the EPA rules. Of course, if an existing industrial use was not in compliance or wished to increase the amount of discharge into the air or water, DEQ would have to review permits which may or may not be approved based on the regulatory standards. This approval will not, however, be based on adjacent users. Health Division/OSSHA There are no stricter regulations for contaminants next to a day care than for any other use. Any facility is required to meet health and safety standards for their employees but they are not mandated to insure their operation meets this for employees in adjacent businesses. • City of Tigard Municipal Code The Tigard Municipal Code lists day cares as a "noise-sensitive land use". The maximum noise level at the property line of a noise sensitive land use is 50dB during the day and 40dB during the night. There is a potential that existing industrial uses may exceed this at the property line of potential day care sites. Staff has recommended that a restriction of the permitted day care use be the measuring of noise levels (as well as other environmental elements) and requiring that the proposed day care.site be designed so as to meet this standard. This will put the burden on the day care, instead of on existing uses. Neighboring City Standards for Comparison Staff reviewed the following cities development codes to determine if they had restrictions or regulations that the City of Tigard could incorporate into this amendment: • Portland • Beaverton • Oregon City • Tualatin • Salem • Gresham Among these Cities, the regulations and restrictions vary from not permitted, permitted outright and permitted conditionally. Staff looked at the conditional use regulations and restrictions for cities that did allow them to determine if any of these restrictions should be applied in the City of Tigard. Several Cities had requirements on the amount of outdoor open space for the day care use. Staff does not feel this is necessary, since the amount of outdoor open space is regulated by the Children's Services Division permit requirements. Staff does, however, believe that a condition that the applicant work with CSD prior to submitting the application to the City is necessary. A condition of final inspection and occupancy should be to obtain a permit from CSD to operate the day care center is also appropriate. The City of Tualatin allows day care uses outright in industrial zones provided they are more than 400.feet away from exterior walls and pump islands of any automobile service station. Staff has found no specific reason for this standard from DEQ or CSD. While the City of Portland's Conditional Use criteria appear to most closely address the concerns the City Council raised at the last hearing, staff finds that the majority are too vague to adequately analyze as discretionary criteria. By complying with the Site Development Review standards and special restrictions staff has recommended, the site will be suitable for the proposed day care use. Staff has not recommended site size limitations (nor have they been found in other cities researched), however, the City Council may chose to set minimum or maximum lot sizes. If this is requested, it may eliminate smaller infill sites or require a developer to partition a larger site that may be more appropriate to be developed as part of a development complex. Recommendation: Staff has determined that there are some specific restrictions that are clear and objective that can and should be placed on day care uses in industrial zones. Included in the Council packet is the recommended language to be .places in the Industrial zone section of the development code. Staff does not recommend requiring applicants to go through the Conditional Use process because the recommended restrictions are clear and objective and can be adequately addressed by staff. If, however, the Council wishes to have an added level of review, staff has prepared draft changes to the Conditional Use section of the Tigard Community Development Code for Council to consider at the work session. It should be noted that the recommended restrictions remain the same. The only change would be the process in which they are reviewed. I:c u rp I n/j u l i a/Z OA/ZO A 1999-0 3 re p o rt.d o c Page 2 of 2 • • CITY OF TIGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: City Council OP FROM: Julia Hajduk, Associate Planner DATE: June 21, 2000 SUBJECT: Amended pages for zone change to allow day care uses in industrial zones. Attached are the replacement pages to be included in your packets for the June 27, 2000 public hearing on this matter. As discussed at the work session, page numbers have been added at the bottom of each page for easier reference and the text of footnote 9 was amended to include a reference to the definition of the Environmental Impact Assessment discussed further in the code section. • • • **DRAFT** PROPOSED CHANGES FOR OUTRIGHT PERMITTED USE, WITH RESTRICTIONS TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living R' R' R' Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC (INSTITUTIONAL) Basic Utilities C C P Colleges N N N Community Recreation N N N Cultural Institutions N N N Day Care Re 'A R3=`' R32.- Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Eating and Drinking Establishments R2 N N Entertainment-Oriented - Major Event Entertainment N N N - Outdoor Entertainment P N N" - Indoor Entertainment P N N - Adult Entertainment N N N General Retail - Sales-Oriented R2 N N - Personal Services R2 N N - Repair-Oriented P N N - Bulk Sales N N N - Outdoor Sales N P P - Animal-Related P P P Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C' P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P Page 1 of 4 • • TABLE 18.530.1 (CON'T) USE CATEGORY I-P I-L I-H INDUSTRIAL Industrial Services N P P Manufacturing and Production - Light Industrial P P P - General Industrial N P P - Heavy Industrial N N P Railroad Yards N N P Research and Development P P P Warehouse/Freight Movement N P P Waste-Related N N P Wholesale Sales R4 P P OTHER Agriculture/Horticulture P5 P5 P5 • Cemeteries N C N Detention Facilities C N C Heliports C C C Mining N N P Wireless Communication Facilities P/R6 P P Rail Lines/Utility Corridors P P P Other NA NA P8 P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'A single-family detached dwelling or single-family mobile or manufactured home allowed for caretaker or kennel owner/operator when located on the same lot as the permitted use and is exclusively occupied by the caretaker or kennel owner/operator and family. 'These limited uses, separately or in combination, may not exceed 20% of the entire square footage within a development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. 31n-home day care which meets all state requirements permitted by right. 4Permitted if all activities, except employee and customer parking, are wholly contained with a building(s). 5When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 6See Chapter 18.798, Wireless Communication Facilities, for definition of permitted and restricted facilities in the I-P zone. 'Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is permitted conditionally. 8Explosive storage permitted outright subject to regulations of Uniform Fire Code. _' Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with 18.530.050.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor openspace setbacks. Page 2 61"11-7Th . • 18.530.040 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370. 2. All other applicable standards and requirements contained in this title. B. Development Standards. Development standards in industrial zoning districts are contained in Table 18.530.2 below: TABLE 18.530.2 DEVELOPMENT STANDARDS IN INDUSTRIAL ZONES STANDARD I-P I-L I-H Minimum Lot Size None None None Minimum Lot Width 50 ft. 50 ft. 50 ft. Minimum Setbacks -Front yard 35 ft. 30 ft. 30 ft. -Side facing street on corner& through lots [1] 20 ft. 20 ft. 20 ft. - Side yard 0/50 ft. [3] 0/50 ft.[3] 0/50 ft. [3] -Rear yard 0/50 ft. [3][4] 0/50 ft.[3] 0/50 ft. [3] -Distance between front of garage &property line abutting a public or private street -- -- -- Maximum height 45 ft. 45 ft. 45 ft. Maximum Site Coverage [2] 75 % [5] 85 % 85 % Maximum Landscape Requirement 25 % [6] 15 % 15% [1] The provisions of Chapter 18.795 (Vision Clearance)must be satisfied. [2]Includes all buildings and impervious surfaces. [3]No setback shall be required except 50 feet shall be required where the zone abuts a residential zoning district. [4]Development in industrial zones abutting the Rolling Hills neighborhood shall comply with Policy 11.5.1. [5]Maximum site coverage may be increased to 80%if the provisions of Section 18.530.050B are satisfied. [6] Except that a reduction to 20%of the site may be approved through the site development review process. I-P-Industrial Park District I-L-Light Industrial I-H-Heavy Industrial Page 3 of 4 s • 18_530:0-5.0 Additional Development Standards A. Commercial lodging in the I-P zone. The following development standards shall apply for a commercial lodging facility located in the I-P zone: 1. Site size shall be a minimum of two acres and a maximum of five acres. 2. The site shall have access to be approved by the City Engineer to an arterial or major collector street with capacity sufficient to ensure that adequate access to local businesses is maintained. 3. Ancillary uses, also permitted in the I-P zone as contained in Chapter 18.530 shall be allowed as integral elements of the commercial lodging development, provided they comprise no more than 20%of total floor area. 4. Signage shall conform to Chapter 18.780. B. Reduction of lot coverage requirements. Lot coverage may be increased from 75%to 80% as part of the site development review process, providing the following requirements are satisfied: 1. The minimum landscaping requirement shall be 20% of the site. 2. The applicant shall meet the following performance standards with regard to the landscaping plan approved as part of the site development review process: a. Street trees, as required by Section 18.745.040 Cl are to be installed with a minimum caliper of three inches rather than the two inches as measured at four feet in height; b. The landscaping between a parking lot and street property line shall have a minimum width of 10 feet; c. All applicable buffering, screening and setback requirements contained in Section 18.745.050 shall be satisfied. d. The applicant shall provide documentation of an adequate on-going maintenance program to ensure appropriate irrigation and maintenance of the landscape area. - C- Day care uses. The following standards shall apply for commercial day care uses in industrial zones: c-17\ The Environmental Impact Assessment must document noise, visible emissions, vibration, odor, glare and heat from uses within one quarter mile. A plan and program for day care facilities to provide mitigation on-site for any of the above off-site impacts must be provided. Sound attenuation walls, screening, window covering, shades, and other such means are appropriate means of mitigation and may be attached as conditions of approval. . 2. The State of Oregon Child Care Division Certification Section shall be notified of the proposed site plans prior to submitting an application to insure that the plans submitted generally address the permitting requirements. 3. Prior to occupancy of a proposed day care, evidence of certification through the State of Oregon Child Care Division shall be provided. I:\curpin\julia\zoa\zoa 1999-02 proposed changes.doc Page 4 of 4 • • Agenda Item No. _3. / Meeting of 8-22- OD • TIGARD CITY COUNCIL WORKSHOP MEETING MEETING MINUTES - JUNE 20, 2000 1. WORKSHOP MEETING • Call to Order Council President Brian Moore called the meeting to order at 6:33 p.m. • Roll Call Council Present:Councilors Paul Hunt, Council President Brian Moore, Joyce Patton, and _ Ken Scheckla Council Absent: Mayor Jim Nicoli Staff Present: City Manager Bill Monahan; City Recorder Catherine Wheatley; Library Director Margaret Barnes; City Engineer Gus Duenas; Current Planner Julia Hajduk; Associate Planner Laurie Nicholson; Planning Manager Dick Bewersdorff; Others Present: Library Board members - Larry Beck, Ann Braun, David Chapman, Nancy Irwin, Sue Kasson and Jane Smith; George Burgess, past Board member and member of the Friends of the Library and the Library Expansion Committee • Call to Council and Staff for Non-Agenda Items Bill Monahan, City Manager, mentioned more information on the Atfalati Recreation District ballot measure, and a petition received from the Hill Street neighbors. Council President Moore mentioned requesting recognition of Bruce Ellison. 2. ANNUAL JOINT MEETING OF THE CITY COUNCIL AND LIBRARY BOARD Margaret Barnes, Library Director, introduced the Library Board members. David Chapman expressed the Board's appreciation of the Council's positive steps towards obtaining expanded library facilities for the citizens, mentioning the $400,000 set aside in the budget for the new facility. Mr. Chapman reviewed the five main service response areas for the library, identified in the five- year plan(expected completion date Fall 2000): general information, information literacy, current topics, lifelong learning, and business and career information. He described the work done to establish a non-profit Library Foundation for Tigard for the purposes of fundraising for the new facility and strengthening the public awareness of the library. He recommended personally that the Foundation not become part of the Tigard Area Community Foundation in order to retain control over its expenditures. Jane Smith reviewed the adult programs provided at the Library, discussing literary programs, practical workshops, Library electronic resources classes, an adult reading program, a monthly book discussion group, and Book Nights (library staff thumbnail book talks). She mentioned the need for more space at the library for the adult programs, noting the use of the Water Building for the large events. Sue Kasson reviewed the elements in the Electronic Resource Center, noting the 15 stations and the statistics indicating a marked increase in their use since last year. She observed that the staff did not have the time to enforce the time sign up sheets, although software existed to help with that situation. She mentioned the Cyber Patrol software on the children's computer, the ADA machine for the visually impaired, the self-checkout machine, and the color copier. CITY COUNCIL MEETING MINUTES —JUNE 20, 2000 - PAGE 1 • • Nancy Irwin reviewed the children's programs, mentioning the variety of programs the Library sponsored for the entertainment and education of children (infants to post- high school teens) from performing artists for all ages to pre-school craft and story times to teen book clubs, movie nights, and campouts at the library. She spoke of baby kits for new mothers, new sibling kits, and early childhood theme bags promoting a love of reading (funded by a Ready to Read grant). She described the Library's outreach to the children who could not get to the library, citing the onsite resources at Villa La Paz. She mentioned the wealth of information on colleges and careers available for the post-high school teens. Ann Braun reviewed the County-wide Summer Reading Program, "Tickets to Tomorrow." She referenced the County's flyer listing the schedule of activities and the Tigard Library flyer. She described the different activities and rewards for the up-to-fifth-grade section and the sixth-grade- and-up section. George Burgess gave the Council an update on the Library Expansion Committee. He mentioned that the Friends provided the funding for many library programs, such as the adult reading program and the baby kits. He presented a request from the Committee that the Council consider changing its name from the Library Expansion Committee to the Library Construction Committee to more accurately reflect its purpose. He asked the Council to consider increasing the size of the committee to involve more citizens. He described the work of the committee in meeting with the consultants and architect. He mentioned the consultants' recommendation of a 20-year building size of 44,000 square feet. Larry Beck discussed the importance of a vital, working library to the Tigard community, citing the high usage of the library by Tigard citizens. He described libraries as the heart of a community. He thanked the Council for its support and partnering in building a new library for the City of Tigard. Councilor Hunt asked if the Foundation would use the principal, the interest or both. Mr. Chapman said that, while an endowment fund using only the interest off the principal would be valuable, their current focus was on raising funds for the new facility. Councilor Hunt asked if there was an advantage to holding programs at the Water Building or would it be better to hold them at a larger facility (given the overflow crowds). Mr. Chapman commented that ideally they would like to hold the programs at the library in order to encourage families to check out books, thus increasing the circulation on which the library's funding was based. Mr. Monahan indicated to Councilor Scheckla that they could draw committee members from outside the Tigard city limits, as the library service area went beyond the city limits. The Council agreed by consensus to direct staff to prepare a resolution that would allow the committee to suggest a name and to recommend adding a certain number of people. Mr. Monahan mentioned using the Cityscape and Library resources to advertise for interested people. Council President Moore asked for a description of the kind of people the Committee was looking for. Mr. Chapman indicated to Councilor Hunt that the Committee has not thrown out any options at this time; they would look at the option to build a shell and complete the building in phases. Councilor Hunt suggested that the Library Board produce a video describing the library programs, as it did tonight, for cablecast after the election. Councilor Scheckla suggested getting the Tigard Times and the Oregonian to do articles on the Library programs. Councilor Patton noted that, although she was the Council's representative on the Committee, she has been unable to attend the daytime meetings. She indicated her continued interest in the Committee's work and asked if an evening meeting was possible. Mr. Monahan said that he and Ms. Barnes would discuss moving the meeting time at their next meeting. Ms. Barnes indicated to Councilor Scheckla that the pattern of attendance at library programs showed a combination of returning and new people. She said that the adult reading program age was 18 years old and up. CITY COUNCIL MEETING MINUTES —JUNE 20, 2000 - PAGE 2 • . Council President Moore commended the Library Board on their excellent presentation. The Library Board left the meeting. Council President Moore recessed the meeting for a break at 7:20 p.m. He reconvened the meeting at 7:22 p.m. 3. REVIEW OF RESIDENTIAL PROPERTY MAINTENANCE CODE (HOUSING CODE) Albert Shields, Housing Inspector, gave the PowerPoint staff presentation of the one-year review of the implementation of the Housing Code. He reported that the feedback staff has received from landlords and tenants-rights organizations indicated that the Code achieved a good balance of addressing concerns without taking either a hostile or a passive stance. He characterized the Council direction of"enforcement friendly implementation" as one of the strongest assets of the program. He mentioned his location within the Building Division as another asset, given the many cases of overlapping responsibilities between the Housing Code and the Building Code. Mr. Shields stated that the program was working to resolve complaints and to arrest building deterioration through improved maintenance. He emphasized that, so far, staff has managed to achieve compliance without creating hostility or going to court. He mentioned the interest of other communities in how the Tigard Code was working. He observed that the professional managers willingly cooperated with the Code; any enforcement problems tended to occur with non- professional managers. Mr. Shields reviewed the statistical breakdown of the 146 complaints received in the first year, noting that only 122 fell within Tigard's jurisdiction. He indicated that staff declined 14 complaints upon investigation, leaving 94 complaints for staff action; only 15 remained unresolved at this time. He noted that complaints were filed for both multi-family rentals (74) and single-family structures. (27). He mentioned the effectiveness of the Code in appropriately addressing the wide variety of complaints received. He presented pictures of specific cases that required enforcement of the Code. Mr. Shields reviewed the implementation measures staff has taken to develop specific forms and procedures for investigation, record keeping and enforcement. He discussed the issue of confidentiality. He expressed his appreciation for the cooperation he has received from other City departments. He commented that photo documentation has proved invaluable and cost effective. Mr. Shields discussed Tigard's leadership role in the region in addressing these problems common to any city with an aging housing stock. He mentioned that staff gave presentations to Gresham and Astoria; Gresham decided against a Housing Code but Astoria was still looking at one. He noted the importance of using a task force with stakeholder representatives in achieving a workable Housing Code. Mr. Shields referenced the capability staff had in the Code to address issues of eviction, repair and remediation by the City, even though staff has not had to use them yet. He discussed the importance of advertising the program in maintaining the enforcement friendly mode. He emphasized the staffs low-key approach, per Council direction. He reported that they have had translation services available when they needed them, although in the future they might need to set up more formal procedures. Mr. Shields reviewed the elements staff identified during implementation as needing fine-tuning. He suggested eliminating the Code requirement that a respondent to a civil infraction summons to provide a$50 security deposit, as staff automatically waived it. Mr. Shields reported that, at its May meeting, the Task Force expressed strong satisfaction with the City's implementation of the Housing Code and its enforcement friendly stance. He suggested that the City thank the Housing Task Force for the significant investment of time and effort the members put into developing the Code. Council President Moore concurred that it was appropriate to formally recognize the Task Force members for their work over two years. Mr. Monahan suggested that he and Mr. Shields poll the Task Force members to see which televised Council meeting date most of them could attend for a CITY COUNCIL MEETING MINUTES —JUNE 20, 2000 - PAGE 3 • • formal recognition ceremony. He suggested asking the Tigard Times and the Oregonian to acknowledge the efforts of the Task Force and Mr. Shields, and the community's response to the program. Sheila Greenlaw-Fink, Housing Task Force member, mentioned the Task Force's pleasure at the Council listening to the Task Force as it dealt with the remaining contentious issues. She concurred that Tigard proved itself a leader in the region with the housing code issue. She mentioned a concern the Task Force had that enforcement might lead to exorbitant costs, noting that that has not proved to be the case. She said that the Task Force was very happy with how the City implemented the Code. Councilor Scheckla, who also sat on the Task Force, noted the time and effort it took to achieve a Code that considered all the viewpoints. He mentioned the City's good fortune in having Mr. Shields to implement the Code, as Mr. Shields worked as a negotiator to get compliance without taking a hard line. He thanked him for his work. Councilors Patton and Hunt concurred. 4. DISCUSSION OF ZONE ORDINANCE AMENDMENT (ZOA 1999-00003) TO ALLOW DAY CARE USES IN INDUSTRIAL ZONES Julia Hajduk, Current Planner, referred to the information summary in the Council packet and her memo outlining the steps she took to address the Council's concerns. She reported that she found few regulations in the state dealing with daycare uses not affecting the existing uses. She recommended requiring the daycare applicants to look at the noise and environmental impacts of adjacent uses and to take steps to protect themselves so that the existing uses did not exceed the City Code requirements. She also recommended requiring daycare applicants to start the permitting process for a daycare before applying to build a daycare, so that the City knew that what it was approving would ultimately be permitted. Ms. Hajduk recommended changing the language in Exhibit C to make daycare a permitted use with restrictions within the zone, as opposed to a conditional use. She noted that she included the option of a conditional use, if Council wanted it, although staff did not recommend it. Council President Moore opened the meeting to public testimony. John Brosy described his work with Ms. Hajduk on this matter. He said that their first choice was the staff recommendation for a permitted use with restrictions. He discussed their concern with the requirement for an environmental impact assessment, as they were uncertain what that involved. Ms. Hajduk explained that the only issue she foresaw at this time was noise; it was the only measurable item in the State Code. She commented that the applicants' doing an environmental assessment looking at noise, visual concerns, emissions, etc., would provide protection for both themselves and the existing users. Councilor Patton suggested defining "environmental impact assessment." Ms. Hajduk referenced the definition in Exhibit C. Councilor Patton spoke to including a reference to that definition in Footnote 9, as it was not clear where the full definition was located. Ms. Hajduk said that she would reword Footnote 9 to state, "daycare uses with over five children are permitted subject to an environmental impact assessment in accordance with TDC 18.530.050(c)(1)." Mr. Monahan indicated that staff would provide Council with the revisions for the reopening of the public hearing at the June 27 meeting. • Non-agenda item: Hill Street Neighbors Petition Dick Bewersdorff, Planning Director, referenced the June 20, 2000, memo from Barbara Gomez discussing the complaints received about two duplexes (beginning in September 1999). He explained that the neighbor complaints dealt with cosmetic issues not addressed by the Housing Code. He indicated that the problem was a combination landlord-tenant problem but staff had no authority to go into the buildings, since the tenants have not complained. He mentioned dealing CITY COUNCIL MEETING MINUTES —JUNE 20, 2000 - PAGE 4 • • with the visible code violations outside, commenting that any more complaints of code violations would result in going to court. Mr. Shields mentioned their hope that the owner would allow them to tour one unit, once vacated, in order to assess the probable Housing Code violations inside the building. 5. UPDATE ON THE REGIONAL TRANSPORTATION PLAN Gus Duenas, City Engineer, reported staff's concern with Metro's intent to downgrade Hwy 99W to a major arterial, following construction of the I-5 connector, and to leave it to Tigard to solve the problem of Hwy 99W. He indicated that their findings showed a 50/50 split between local and regional traffic on Hwy 99W; Metro's initial findings showed primarily local traffic on Hwy 99W. He described the staff work with Metro to change the language to recognize that Hwy 99W was a regional problem, requiring a coalition of regional resources to solve it. . Mr. Duenas indicated that the Washington Square Regional Center Plan recommendations were included in the Regional Transportation Plan, although they would most likely be placed in the 2011-2020 time frame. He mentioned the advantage Tigard had with its Transportation System Plan progressing on an almost parallel path with the Regional Transportation Plan, thus providing Tigard with information to counter Metro's information when necessary. He commented that the Tigard Plan was in good shape, slated for adoption before the end of the calendar year. Laurie Nicholson, Associate Planner, indicated that staff was waiting on comments from ODOT on its local Transportation System Plan before proceeding with the public process to gather citizen comment. She commented that an adopted Transportation System Plan would help in asking for money for projects. • Councilor Hunt asked what happened to the original Agenda Item 6, USA agreement. Mr. Monahan explained that Mr. Wegner found out that other jurisdictions were not satisfied with the agreement; staff wanted Council to have the benefit of comments from other jurisdictions. • Mr. Monahan announced that ODOT intended to close the top ramp of the I-5 entrance off Hwy 99W in order to do the grinding and scraping of that section. He commented that he hoped ODOT provided good signage because they did not inform the City of this until this morning. • Council President Moore mentioned his observation that the ODOT project has disrupted the signal light timing. Mr. Monahan said that Mr. Duenas would check with ODOT to see what was going on. • Councilor Hunt spoke to the Council not postponing issues for discussion at a later meeting simply because a Councilor was not present at the meeting. He suggested that any Councilor who knew that he or she would be absent for a particular discussion forward his/her comments to the City Manager. 6. DISCUSS CITY MANAGER'S REVIEW The Council discussed whether to discuss the City Manager's Review after the regular agenda. Council President Moore indicated that Mayor Nicoli had comments about the review; however he does not have a copy of these comments yet. Mr. Monahan pointed out that if the Council wanted to hold his review in Executive Session, it needed to first allow public comment on the review criteria. He suggested holding the discussion on the review criteria tonight in an open session study session. If the Council decided to hold his review in Executive Session, staff would schedule an opportunity for the public to respond to the criteria. The Council agreed by consensus with the City Manager's recommendation. 7. COUNCIL LIAISON REPORTS: None CITY COUNCIL MEETING MINUTES —JUNE 20, 2000 - PAGE 5 • • 8. NON-AGENDA ITEMS • Atfalati Recreation District Bond Mr. Monahan referenced his memo discussing the most recent happenings in the Atfalati Recreation District formation efforts. He recalled that the memo of understanding, which the Council authorized him to sign, estimated a tax rate not to exceed 48 cents per$1,000 for the permanent tax rate (operating) and not to exceed 35 cents per$1,000 for the 20-year capital tax rate. He explained that Harvey Rogers, the Bond Counsel for the County, expressed concern at putting the formation of • the district with its permanent tax rate and the capital tax rate on the same ballot, since this effectively authorized a capital tax for an entity that did not yet exist. Mr. Monahan said that Mr. Rogers recommended rolling the two tax rates together into one - permanent rate of 83 cents per $1,000, similar to what happened with the WCCLS and MSTIP levies under Measure 50. He pointed out that this meant that the capital tax did not necessarily go away after 20 years. He indicated that Mr. Rogers' concern primarily lay with the bond buyers and a potentially higher rate, as opposed to the legalities. Mr. Monahan reported that County Counsel Dan Olson held that the resolutions already passed by the jurisdictions would hold up; the jurisdictions did not have to pass new resolutions reflecting the change in the permanent tax rate because the resolutions authorized a total of 83 cents per$1,000 as a tax rate. He mentioned the public hearing set for the first reading of the County ordinance at the County Commission meeting next Tuesday and the second reading scheduled for August 15. Mr. Monahan confirmed to Councilor Scheckla that the capital rate would not go away in the Bond Counsel's proposal but clarified that the tax rate would remain at 83 cents permanently. He concurred with Council President Moore that the recreation district could choose not to levy the capital tax after 20 years. He clarified for Councilor Scheckla that the Recreation District included Tigard, Tualatin and the Tigard-Tualatin School District. He mentioned that Atfalati had to ask Clackamas County to put this issue on its ballot to cover the small portion of Tualatin within Clackamas County. Councilor Patton commented that she had a hard time understanding the County Counsel's opinion because the permanent tax rate became 83 cents with no distinction for the capital. She concurred that Mr. Olson was depending on the word "anticipated." She described the problem as Mr. Olson forgetting that the resolutions itemized the distinction between the permanent tax rate and the capital tax rate. She asked how the County intended to present its case to the voters for a capital tax rate that would not necessarily go away after 20 years. Mr. Monahan said that he did not know. Council President Moore commented that ultimately the voters reading the ballot measure would determine the permanent bond rate versus a 20-year rate. Councilor Hunt pointed out that the Council authorized a 20-year tax rate; it did not authorize this change, and therefore, it should consider another resolution authorizing the change. Mr. Monahan concurred with Councilor Patton that the Council specifically designated one portion as a permanent tax rate and one portion as a capital improvement rate (defined as a certain number of projects for a period of time), and with Council President Moore that the resolution did not specify a time period for the capital rate. He noted that the Council did not discuss the capital rate exceeding 20 years. Mr. Monahan suggested that staff obtain a copy of the County staff report, send a letter to the County Commissioners at the first public hearing(indicating the Council desire to revisit the matter), discuss what it wanted to do at the July 11 meeting, and then testify at the second public hearing in August. He listed the Council's options: passing a second resolution, qualifying the first resolution with a recommendation to review the capital tax.after 20 years according to specified criteria, recommending that the County not take the Bond Counsel's advice and proceed with a separate taxing measure predicated on the formation measure passing, or recommending sending the formation measure to the voters first followed by the taxing measure at a later election. The Council agreed by consensus that staff should get more information from the County. CITY COUNCIL MEETING MINUTES —JUNE 20, 2000 - PAGE 6 • • • Recognition of Bruce Ellis Council President Moore suggested that the City officially recognize the work of Bruce Ellis in running the Balloon Festival for more than a decade. He mentioned the pride and public recognition the Balloon Festival brought to the City of Tigard. Councilors Hunt and Scheckla spoke to obtaining detailed financial reports from the Balloon Festival Committee before recognizing Mr. Ellis' work. Council President Moore said he did not see how the financial reports related to recognizing Mr. Ellis for his work on behalf of the City related to obtaining detailed financial reports; however, he said he would table his suggestion. 9. STUDY SESSION Council President Moore adjourned the meeting to study session at 9:00 p.m. • City Council Discussion: City Manager's Review Councilor Moore asked for comments regarding information provided by City Manager Monahan on his past performance reviews. Also reviewed was City Manager Compensation Review/ Retirement and Deferred Compensation of City Managers from other jurisdictions Council discussed process and decided it would discuss and reach preliminary agreement on the City Manager's compensation tonight. Opportunity for public comment would be provided at an upcoming City Council meeting. A final City Council study session would be held to discuss the final review and recommendation for compensation and how it would be presented to the City Manager. After lengthy discussion regarding compensation; it was decided that a COLA of 2.6% as granted to management staff, and consistent with the City Manager's contract, would be provided. After review of comparable wages/benefits from other cities, City Council decided that an increase in wages would not be granted to the City Manager this year. The subject of a Deferred Compensation Plan was discussed. City Council felt it was worth reviewing, but wanted more time and information before making a decision. City Council review the City Manager's vacation rate and determined the present accrual rate was fair; no increase would be considered this year. Council decided that Council President Moore would update Mayor Nicoli with the City Council's discussion regarding the City Manager's review. The next step will be to provide an opportunity for public input, final City Council discussion and then to conduct the review. 10. ADJOURNMENT: 9:45 p.m. Attest: Catherine Wheatley, City Recorde Mayor,City Tigard Brian J. Moore, Council President Date: -41,05-[ a a acoo CITY COUNCIL MEETING MINUTES — JUNE 20, 2000 - PAGE 7 * Y -?= TIGARD.CITY COUNCIL ° CITY OF TIGARD :.WORKSHOP MEETING , JUNE 20 2000 . 630 PM TIGARD CITY';HAL 13125 SW.HALL`BLVD. :r.'` TIGARD, OREGON 97223.;.: PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead-time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639- 4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - JUNE 20, 2000 - PAGE 1 • • AGENDA TIGARD CITY COUNCIL WORKSHOP MEETING JUNE 20, 2000 6:30 PM 1 . EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), (f) 8 e (h) to discuss labor relations, real property transactions, exempt public records, and current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 2. WORKSHOP MEETING • Call to Order: Mayor Nicoli • Pledge of Allegiance • Council Communications & Liaison Reports • Call to Staff and Council for Non Agenda Items 3. ANNUAL JOINT MEETING OF THE CITY COUNCIL AND LIBRARY BOARD a. Staff Report: Library Staff b. City Council Questions/Comments 4. REVIEW OF RESIDENTIAL PROPERTY MAINTENANCE CODE (HOUSING CODE) a. Staff Report: Community Development Staff b. City Council Questions/Comments 5. DISCUSSION OF ZONE ORDINANCE AMENDMENT (ZOA 1999-00003) TO ALLOW DAY CARE USES IN INDUSTRIAL ZONES a. Staff Report: Community Development Staff b. City Council Questions/Comments COUNCIL AGENDA - JUNE 20, 2000 - PAGE 2 • 6. DISCUSSION OF USA/CITY AGREEMENTS a. Staff Report: Administration Staff b. City Council Questions/Comments 7. UPDATE ON THE REGIONAL TRANSPORTATION PLAN a. Staff Report: Community Development Staff b. City Council Questions/Comments 8. COUNCIL LIAISON REPORTS • 9. NON-AGENDA ITEMS 10. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1 ) (d), (e), (f) & (h) to discuss labor relations, real property transactions, exempt public records, and current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 11 . ADJOURNMENT I:\ADM\CATHY\CCA\000620P DOC COUNCIL AGENDA - JUNE 20, 2000 - PAGE 3 • AGENDA ITEt# S FOR AGENDA OF June 20, 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Zone Ordinance Amendment (Z0A1999-00003) to Allow Day Care Uses in Industrial Zones. PREPARED BY:Julia Hajduk DEPT HEAD OK J i i e++ CITY MGR OK ISSUE BEFORE THE COUNCIL Discuss recommended code language and Ordinance for the Zone Ordinance Amendment to allow day care uses in Industrial zones. STAFF RECOMMENDATION Review the recommended code language and Ordinance and direct staff to make changes as needed prior to the June 27, 2000 Public Hearing on this matter. INFORMATION SUMMARY The Planning Commission held a public hearing on the request on March 6, 2000. At that meeting, the Commission voted 5-2 to deny the requested amendment. Staff forwarded this recommendation to the City Council. The applicant originally requested the amendment to allow day care uses either conditionally or outright in all Industrial Zones. The applicant clarified the request before the City Council, indicating that day cares should be permitted outright in the Light Industrial zones and conditionally in the Heavy Industrial zones. At the April 25, 2000 public hearing, the City Council indicated they were in favor of approving the request in concept. Staff was directed to prepare language that would allow day care uses with restrictions. Staff indicated at that meeting that a Conditional Use was not necessary and that the amendment could be worded in a way that placed restrictions on the use but that if the standards were met, the use could be an outright permitted use This will avoid a public hearing that is not really needed. This is the direction staff has taken in preparing the recommendations. As an option, in the event that Council does in fact want the day care uses to be reviewed as a Conditional Use, staff has prepared draft changes to the Conditional Use Section of the code that would reflect the same restrictions staff is recommending be a part of Industrial zoning regulations section. The City Council directed staff at the April 25, 2000 public hearing to draft language for a code change that would allow day care uses in Industrial Zones with restrictions that would both insure the safety and efficiency of the day care use, as well as insure that adjacent uses could continue without the need to make site upgrades in response to the day care use adjacent to it. Staff contacted the Childcare Division- Day Care Unit, DEQ, the Oregon Health Division and several cities that allow day care uses in Industrial zones for input on proposed language. Attached is a detailed summary of staff's findings, the language proposed with restrictions, and a draft Ordinance for Council's consideration. If Council feels that the language proposed adequately addresses their concerns, staff will make no changes and the Council can adopt the proposed Ordinance at the June 27, 2000 public hearing. If changes are requested, staff will make these changes and prepare a revised Ordinance for the June 27, 2000 public hearing. Exhibits: A - Summary of Staffs Recommendation and Background Information B - Proposed Ordinance C - Proposed Industrial Zone Section Code Language D - Proposed Conditional Use Section Code Language If Council Chooses To Make Day Care Uses A Conditional Use OTHER ALTERNATIVES CONSIDERED Direct staff to make additional changes to the proposed language prior to the City Council meeting. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES N/A is curpin\julia\zoa1999-03ais4.doc 6-Jun-00/12:15 PM "EXHIBIT A" City of Tigard Community Development Shaping A Better MEMORANDUM Community CITY OF TIGARD, OREGON 13125 SW Hall Boulevard Tigard, Oregon 97223 (503)639-4171 • Fax 684-7297 TO: City Council FROM: Julia Hajduk, Associate Planner DATE: June 2, 2000 SUBJECT: Zone Ordinance Amendment to Allow Day Care Uses in Industrial Zones Recommendation and Background Information. The City Council indicated they had concerns that a new day care next to existing industrial uses would require the existing industrial uses to change their operating procedures to comply with regulatory requirements. Staff has contacted the Children's Services Division (CSD) Day Care Unit, DEQ, and the Oregon Health Division to research whether there would be any potential problems. Staff has also reviewed the Tigard Municipal Code and several other cities' development codes for guidance in preparing recommended language. The following summarizes what staff found: CSD There are no locational criteria for a day care that would prohibit location near an industrial use. The standards do, however, require a certain amount of outdoor space based on the number of children using the facility at one time. DEQ DEQ standards do not require different compliance standards based on the use of adjacent properties, therefore, a day care would not require any more regulatory compliance than that of another industrial use. When asked if the federal EPA may have rules or regulations that would impact existing uses next to new day cares, staff was informed that DEQ regulates the EPA rules. Since DEQ rules are not dependent on the use or adjacent uses, neither would the EPA rules. Of course, if an existing industrial use was not in compliance or wished to increase the amount of discharge into the air or water, DEQ would have to review permits which may or may not be approved based on the regulatory standards. This approval will not, however, be based on adjacent users. Health Division/OSSHA There are no stricter regulations for contaminants next to a day care than for any other use. Any facility is required to meet health and safety standards for their employees but they are not mandated to insure their operation meets this for employees in adjacent businesses. S • City of Tigard Municipal Code The Tigard Municipal Code lists day cares as a "noise-sensitive land use". The maximum noise level at the property line of a noise sensitive land use is 50dB during the day and 40dB during the night. There is a potential that existing industrial uses may exceed this at the property line of potential day care sites. Staff has recommended that a restriction of the permitted day care use be the measuring of noise levels (as well as other environmental elements) and requiring that the proposed day care site be designed so as to meet this standard. This will put the burden on the day care, instead of on existing uses. Neighboring City Standards for Comparison Staff reviewed the following cities' development codes to determine if they had restrictions or regulations that the City of Tigard could incorporate into this amendment: • Portland • Beaverton • Oregon City • Tualatin • Salem • Gresham Among these cities, the regulations and restrictions vary from not permitted, permitted outright and permitted conditionally. Staff looked at the conditional use regulations and restrictions for cities that did allow them to determine if any of these restrictions should be applied in the City of Tigard. Several cities had requirements on the amount of outdoor open space for the day care use. Staff does not feel this is necessary, since the amount of outdoor open space is regulated by the Children's Services Division permit requirements. Staff does, however, believe that a condition that the applicant work with CSD prior to submitting the application to the City is necessary. A condition of final inspection and occupancy should be to obtain a permit from CSD to operate the day care center is also appropriate. The City of Tualatin allows day care uses outright in industrial zones provided they are more than 400 feet away from exterior walls and pump islands of any automobile service station. Staff has found no specific reason for this standard from DEQ or CSD. While the City of Portland's Conditional Use criteria appear to most closely address the concerns the City Council raised at the last hearin , staff finds that the majority are too vague to adequately analyze as discretionary criteria. By complying with the Site Development Review standards and special restrictions staff has recommended, the site will be suitable for the proposed day care use. Staff has not recommended site size limitations (nor have they been found in other cities researched), however, the City Council may chose to set minimum or maximum lot sizes. If this is requested, it may eliminate smaller infill sites or require a developer to partition a larger site that may be more appropriate to be developed as part of a development complex. Recommendation: Staff has determined that there are some specific restrictions that are clear and objective that can and should be placed on day care uses in industrial zones. Included in the Council packet is the recommended language to be placed in the Industrial zone section of the development code. Staff does not recommend requiring applicants to go through the Conditional Use process because the recommended restrictions are clear and objective and can be adequately addressed by staff. If, however, the Council wishes to have an added level of review, staff has prepared draft changes to the Conditional Use section of the Tigard Community Development Code for Council to consider at the work session. It should be noted that the recommended • restrictions remain the same. The only change would be the process in which they are reviewed. I:cu rpin/jjulia/ZOA/ZOA1999-03report.doc Page 2 of 2 • • • "EXHIBIT B" CITY OF TIGARD, OREGON ORDINANCE NO. 00- AN ORDINANCE AMENDING THE LANGUAGE OF THE .TIGARD COMMUNITY DEVELOPMENT CODE TO ALLOW DAY CARE USES IN INDUSTRIAL ZONES WHEREAS, the applicant requested a Zone Ordinance Amendment to allow day care uses either conditionally or outright in all industrial zones; and WHEREAS, the City Council opened a Public Hearing on the request on April 11, 2000 and heard testimony on April 25, 2000 and indicated they were supportive of the proposed zone change and directed staff to prepare langauge and an Ordinance for Council review and approval; and WHEREAS, Staff prepared recommended language and an Ordinance which was discussed at the June 20, 2000 City Council work sesssion; and WHEREAS, the City Council determined that the proposed language adequately addressed concerns regarding protecting both the proposed daycare uses, as well as, existing adjacent industrial uses; and WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Sections 18.380 and 18.390; Comprehensive Plan Policies 5 and 12.3; The Metro 2040 Plan; and Statewide Planning Goals 1, 2, 9, 12 and 14; and WHEREAS, the City Council has determined that the proposed zone ordinance amendment is consistent with the applicable review criteria and that approving the request would be in the best interest of the City of Tigard. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The specific text amendements attached to this Ordinance are hereby adopted and approved by the City Council. PASSED: This day of ,2000. Mayor-City of Tigard ATTEST: City Recorder- City of Tigard • ORDINANCE NO. 00- i:\curpin\julia\zoaI999-03ORDdoc Page 1 of 1 6-Jun-00/1:03 PM • • "EXHIBIT C" "DRAFT" PROPOSED CHANGES FOR OUTRIGHT PERMITTED USE, WITH RESTRICTIONS TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living R' R' R' Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC (INSTITUTIONAL) Basic Utilities C C P Colleges N N N Community Recreation N N N Cultural Institutions N N N Day Care Re39 R39 R39 Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Eating and Drinking Establishments R2 N N Entertainment-Oriented - Major Event Entertainment N N N - Outdoor Entertainment P N N - Indoor Entertainment P ' N N - Adult Entertainment N N N General Retail - Sales-Oriented R2 N N - Personal Services R2 N N - Repair-Oriented P N N - Bulk Sales N N N - Outdoor Sales N P P - Animal-Related P P P Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C7 P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P \40 • TABLE 18.530.1 (CON'T) USE CATEGORY I-P I-L I-H INDUSTRIAL Industrial Services N P P Manufacturing and Production - Light Industrial P P P - General Industrial N P P - Heavy Industrial N N P Railroad Yards N N P Research and Development P P P Warehouse/Freight Movement N P P Waste-Related N N P Wholesale Sales R4 P P OTHER Agriculture/Horticulture P5 P5 P5 Cemeteries N C N Detention Facilities C N C Heliports C C C Mining N N P Wireless Communication Facilities P/R6 P P Rail Lines/Utility Corridors P P P Other NA NA P8 P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'A single-family detached dwelling or single-family mobile or manufactured home allowed for caretaker or kennel owner/operator when located on the same lot as the permitted use and is exclusively occupied by the caretaker or kennel owner/operator and family. 'These limited uses, separately or in combination, may not exceed 20% of the entire square footage within a development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. 3In-home day care which meets all state requirements permitted by right. 4Permitted if all activities, except employee and customer parking, are wholly contained with a building(s). 5When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 6See Chapter 18.798, Wireless Communication Facilities, for definition of permitted and restricted facilities in the I-P zone. 'Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is permitted conditionally. 8Explosive storage permitted outright subject to regulations of Uniform Fire Code. 9 Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment. The design of the day care must fully comply with State of Oregon requirements for outdoor openspace setbacks. • • • 18.530.040 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370. 2. All other applicable standards and requirements contained in this title. B. Development Standards. Development standards in industrial zoning districts are contained in Table 18.530.2 below: TABLE 18.530.2 DEVELOPMENT STANDARDS IN INDUSTRIAL ZONES STANDARD I-P I-L I-H Minimum Lot Size None None None Minimum Lot Width 50 ft. 50 ft. 50 ft. Minimum Setbacks -Front yard 35 ft. 30 ft. 30 ft. - Side facing street on corner& through lots [1] 20 ft. 20 ft. 20 ft. - Side yard 0/50 ft. [3] 0/50 ft. [3] 0/50 ft. [3] -Rear yard 0/50 ft. [3][4] 0/50 ft. [3] 0/50 ft. [3] -Distance between front of garage &property line abutting a public or private street -- -- -- Maximum height 45 ft. 45 ft. 45 ft. Maximum Site Coverage[2] 75 % [5] 85% 85 % Maximum Landscape Requirement 25 %[6] 15% 15% [1] The provisions of Chapter 18.795(Vision Clearance)must be satisfied. [2] Includes all buildings and impervious surfaces. [3]No setback shall be required except 50 feet shall be required where the zone abuts a residential zoning. district. [4] Development in industrial zones abutting the Rolling Hills neighborhood shall comply with Policy 11.5.1. [5] Maximum site coverage may be increased to 80%if the provisions.of Section 18.530.050B are satisfied. [6] Except that a reduction to 20%of the site may be approved through the site development review process. I-P-Industrial Park District I-L- Light Industrial I-H- Heavy Industrial • • 18.530.050 Additional Development Standards A. Commercial lodging in the I-P zone. The following development standards shall apply for a commercial lodging facility located in the I-P zone: 1. Site size shall be a minimum of two acres and a maximum of five acres. 2. The site shall have access to be approved by the City Engineer to an arterial or major collector street with capacity sufficient to ensure that adequate access to local businesses is maintained. 3. Ancillary uses, also permitted in the I-P zone as contained in Chapter 18.530 shall be allowed as integral elements of the commercial lodging development, provided they comprise no more than 20%of total floor area. 4. Signage shall conform to Chapter 18.780. B. Reduction of lot coverage requirements. Lot coverage may be increased from 75% to 80% as part of the site development review process, providing the following requirements are satisfied: 1. The minimum landscaping requirement shall be 20% of the site. 2. The applicant shall meet the following performance standards with regard to the landscaping plan approved as part of the site development review process: a. Street trees, as required by Section 18.745.040 Cl are to be installed with a minimum caliper of three inches rather than the two inches as measured at four feet in height; b. The landscaping between a parking lot and street property line shall have a minimum width of 10 feet; c. All applicable buffering, screening and setback requirements contained in Section 18.745.050 shall be satisfied. d. The applicant shall provide documentation of an adequate on-going maintenance program to ensure appropriate irrigation and maintenance of the landscape area. C. Day care uses. The following standards shall apply for commercial day care uses in industrial zones: 1. The Environmental Impact Assessment must document noise, visible emissions, vibration, odor, glare and heat from uses within one quarter mile. A plan and program for day care facilities to provide mitigation on-site for any of the above off-site impacts must be provided. Sound attenuation walls, screening, window covering, shades, and other such means are appropriate means of mitigation and may be attached as conditions of approval. 2. The State of Oregon Child Care Division Certification Section shall be notified of the proposed site plans prior to submitting an application to insure that the plans submitted generally address the permitting requirements. 3. Prior to occupancy of a proposed day care, evidence of certification through the State of Oregon Child Care Division shall be provided. • I:\curpin\julia\zoa\zoa1999-02 proposed changes.doc • • "EXHIBIT D" **DRAFT** PROPOSED CHANGES FOR CONDITIONAL USE TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living R' R' R' Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC (INSTITUTIONAL) Basic Utilities C C P Colleges N N N Community Recreation N N N Cultural Institutions N N N Day Care RC 3 RC3_ RC3 Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Eating and Drinking Establishments R2 N N Entertainment-Oriented - Major Event Entertainment N N N - Outdoor Entertainment P N N - Indoor Entertainment P ' N N - Adult Entertainment N N N General Retail - Sales-Oriented R2 N N - Personal Services R2 N N - Repair-Oriented P N N - Bulk Sales N N N - Outdoor Sales N P P - Animal-Related P P P Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair - Vehicle Fuel Sales P P/C' P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P • • TABLE 18.530.1 (CON'T) USE CATEGORY I-P I-L I-H INDUSTRIAL Industrial Services N P P Manufacturing and Production - Light Industrial P P P - General Industrial N P P • - Heavy Industrial N N P Railroad Yards N N P Research and Development P P P Warehouse/Freight Movement N P P Waste-Related N N P Wholesale Sales R4 P P OTHER Agriculture/Horticulture P5 P5 P5 Cemeteries N C N Detention Facilities C N C Heliports C C C Mining N N P Wireless Communication Facilities P/R6 P P . Rail Lines/Utility Corridors P P P Other NA NA P8 P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'A single-family detached dwelling or single-family mobile or manufactured home allowed for caretaker or kennel owner/operator when located on the same lot as the permitted use and is exclusively occupied by the caretaker or kennel owner/operator,and family. 'These limited uses, separately or in combination, may not exceed 20% of the entire square footage within a development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. 3In-home day care which meets all state requirements permitted by right. .4Permitted if all activities, except employee and customer parking, are wholly contained with a building(s). 5When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 6See Chapter 18.798, Wireless Communication Facilities, for definition of permitted and restricted facilities in the I-P zone. 'Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is permitted conditionally. 8Explosive storage permitted outright subject to regulations of Uniform Fire Code. • 18.530.040 Development Standards A. Compliance required. All development must comply with: • 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370. 2. All other applicable standards and requirements contained in this title. B. Development Standards. Development standards in industrial zoning districts are contained in Table 18.530.2 below: TABLE 18.530.2 DEVELOPMENT STANDARDS IN INDUSTRIAL ZONES "STANDARD:%.,bq'= *^‘,'""'(:4 ;I—P ,<, •;.; I L e e-. .. ...... ,^.f a,:_...., .. z _ d`dr'.`.'.i •t ., - .a 4:4'1 __ :<z;:. _ _ _ ,..�:.:F:yan°> s Minimum Lot Size None None None Minimum Lot Width 50 ft. 50 ft. 50 ft. Minimum Setbacks -Front yard 35 ft. 30 ft. 30 ft. -Side facing street on corner& through lots [1] 20 ft. 20 ft. 20 ft. - Side yard 0/50 ft. [3] 0/50 ft. [3] 0/50 ft. [3] -Rear yard 0/50 ft. [3][4] 0/50 ft. [3] 0/50 ft. [3] -Distance between front of garage &property line abutting a public or private street -- -- -- Maximum height 45 ft. 45 ft. 45 ft. Maximum Site Coverage[2] 75 %[5] 85 % 85 % Maximum Landscape Requirement 25 %[6] 15 % 15% [1]The provisions of Chapter 18.795(Vision Clearance)must be satisfied. [2] Includes all buildings and impervious surfaces. [3] No setback shall be required except 50 feet shall be required where the zone abuts a residential zoning district. [4] Development in industrial zones abutting the Rolling Hills neighborhood shall comply with Policy 11.5.1. [5]Maximum site coverage may be increased to 80%if the provisions of Section 18.530.050B are satisfied. [6] Except that a reduction to 20% of the site may be approved through the site development review process. I-P- Industrial Park District I-L-Light Industrial I-H-Heavy Industrial • • 18.530.050 Additional Development Standards A. Commercial lodging in the I-P zone. The following development standards shall apply for a commercial lodging facility located in the I-P zone: 1. Site size shall be a minimum of two acres and a maximum of five acres. 2. The site shall have access to be approved by the City Engineer to an arterial or major collector street with capacity sufficient to ensure that adequate access to local businesses is maintained. 3. Ancillary uses, also permitted in the I-P zone as contained in Chapter 18.530 shall be allowed as integral elements of the commercial lodging development, provided they comprise no more than 20% of total floor area. 4. Signage shall conform to Chapter 18.780. B. Reduction of lot coverage requirements. Lot coverage may be increased from 75% to 80% as part of the site development review process, providing the following requirements are satisfied: 1. The minimum landscaping requirement shall be 20% of the site. 2. The applicant shall meet the following performance standards with regard to the landscaping plan approved as part of the site development review process: a. Street trees,as required by Section 18.745.040 Cl are to be installed with a minimum caliper of three inches rather than the two inches as measured at four feet in height; b. The landscaping between a parking lot and street property line shall have a minimum width of 10 feet; c. All applicable buffering, screening and setback requirements contained in Section 18.745.050 shall be satisfied. d. The applicant shall provide documentation of an adequate on-going maintenance program to ensure appropriate irrigation and maintenance of the landscape area. • • • Chapter 18.330 CONDITIONAL USE Sections: 18.330.010 Purpose 18.330.020 Approval Process 18.330.030 Approval Standards and Conditions of Approval 18.330.040 Additional Submission Requirements 18.330.050 Additional Development Standards for Conditional Use Types 18.330.010 Purpose A. Purpose. The purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met.-There are certain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis. 18.330.020 Approval Process A. Initial applications. A request for approval for a new conditional use shall be processed as a Type III-HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section 18.330.030A and subject to other requirements in this chapter. B. Major modification of approved or existing conditional use. 1. An applicant may request approval of modification to an approved plan by: a. Providing the Director with five copies of the proposed modified conditional use site plan; and b. A narrative addressing the proposed changes as listed in subsection B below. 2. The Director shall determine that a major modification(s) has resulted if one or more of the changes listed below have been proposed: - a. A change in land use; b. An 10% increase in dwelling unit density; c. A change in the type and/or location of access ways and parking areas where off-site traffic would be affected; d. An increase in the floor area proposed for non-residential use by more than 10% where previously specified; e. A reduction of more than 10% of the area reserved for common open space and/or usable open space; f. A reduction of specified setback requirements by more than 20%; g. An elimination of project amenities by more than 10% where previously specified provided such as: (1) Recreational facilities; • • • (2) Screening; or (3) Landscaping provisions; and h. A 10% increase in the approved density; 3. Upon the Director determining that the proposed modification to the conditional use plan is a major modification, the applicant shall submit a new application in accordance with Section 18.320.020A. C. Minor modification of approved or existing conditional use. 1. Any modification which is not within the description of a major modification as provided in Subsection B above shall be considered a minor modification. 2. An applicant may request approval of a minor modification by means of a Type I • procedure, as regulated by Section 18.390.040, using approval criteria in Subsection C3 below. 3. A minor modification shall be approved, approved with conditions, or denied following the Director's review based on the findings that: a. The proposed development is in compliance with all applicable requirements of this • title; and b. The modification is not a major modification as defined in Subsection A above. D. Phased development approval. As part of the approval process, the Hearings Officer shall approve a time schedule for developing a site in phases over a period of time of one year,but in no case shall the total time period for all phases be greater than three years without reapplying for conditional use review. The criteria for approving a phased conditional use review proposal is that all of the following are satisfied: • 1. The public facilities shall be constructed in conjunction with or prior to each phase. 2. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard. 3. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal. 18.330.030 Approval Standards and Conditions of Approval A. Approval standards. The Hearings Officer shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the following criteria: 1. The site size and dimensions provide adequate area for the needs of the proposed use; 2. The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography, and natural features; 3. All required public facilities have adequate capacity to serve the proposal; 4. The applicable requirements of the zoning district are met except as modified by this chapter; 5. The applicable requirements of 18.330.050; and • • 6. The supplementary requirements set forth in other chapters of this code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable,are met. B. Conditions of approval. The Hearings Officer may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other use in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include,but are not limited to the following: 1. Limiting the hours, days,place and/or manner of operation; 2. Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust; 3. Requiring additional setback areas, lot area, and/or lot depth or width; 4. Limiting the building height, size or lot coverage, and/or location on the site; 5. Designating the size,number, location and/or design of vehicle access points; 6. Requiring street right-of-way to be dedicated and street(s) to be improved; 7. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas; 8. Limiting the number, size, location,height and/or lighting of signs; 9. Limiting or setting standards for the location and/or intensity of outdoor lighting; 10. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; 11. Requiring and designating the size,height, location and/or materials for fences; 12. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses,habitat areas and/or drainage areas; 13. Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100- year floodplain; and 14. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. C. Exemptions. Manufactured home parks and manufactured home subdivisions are exempt from the provisions of Subsection B above. Manufactured home subdivisions are subject to approval under the provisions of Chapter 18.430, Subdivisions. Manufactured home parks are subject to approval under the provisions of Chapter 18.340, Site Development Review. 18.330.040 Additional Submission Requirements A. Additional submission requirements. In addition to the submission requirements required in Chapter 18.390, Decision-Making Procedures, an application for conditional use approval must include the following additional information in graphic, tabular and/or narrative form. The Director shall provide a list of the specific information to be included in each of the following: • 1. Existing site conditions; 2. A site plan; 3. A grading plan; • • 4. A landscape plan; 5. Architectural elevation's of all structures; and 6. A copy of all existing and proposed restrictions or covenants. 18.330.050 Additional Development Standards for Conditional Use Types A. Concurrent variance application(s). A conditional use permit shall not grant variances to the regulations otherwise prescribed by this title. A variance application(s) may be filed in conjunction with the conditional use application and both applications may be heard at the same hearing. B. Additional development standards. The additional dimensional requirements and approval standards for conditional use are as follows: 1. Adult Entertainment: a. No.adult entertainment establishment shall be permitted to locate within 500 feet of any: (1) Residential zone; (2) Public or private nursery,preschool, elementary,junior,middle, or high school; (3) Day care center,nursery school,resident care facility or hospital; (4) Public library; (5) Public park; or (6) Religious institution. b. Distance shall be measured in a straight line, without regard to intervening structures, objects or roads, from the closest point of the structure or portion of structure containing the use, to the closest portion of the residential zone or property line upon which a use specified in paragraph(a) above is listed; c. Any sign shall comply with the sign requirements, Chapter 48.780; • d. Hours of operation shall be limited to 10:00 a.m. to 1:00 a.m.; e. All windows less than seven feet from the ground shall be covered or screened in such a manner that the sales area and inventory are not visible from the sidewalk adjacent to the use; f. Doors and windows shall at all times be closed except for normal ingress and egress; .g. No amplified or mechanically reproduced sounds shall emanate from the confines of the structure or portion of the structure in which the adult business is operated; and h. All adult entertainment establishments shall comply with all applicable state laws. 2. Motor Vehicle Servicing and Repair: • a. Setbacks: (1) A five-foot perimeter setback shall surround all outdoor parking and storage areas; • • (2) Buffer screening shall be provided along the perimeter of all outdoor parking and storage areas as required in Section 18.745.040; and (3) All repair work shall be performed indoors. 3. Fleet Storage: a. No buildings or structures are allowed; and b. Setbacks shall comply to those of the underlying zone. • 4. Motor Vehicle Sales and Rental: a. Five feet of the perimeter setback shall be used for landscaping and screening purposes; 5. Community Recreation and Parks: a. All building setbacks shall be a minimum of 30 feet from any property line; b. There are no off-street parking requirements. 6. Heliports: a. In all commercial and industrial zones, heliports shall be sited in accordance with the ODOT Aeronautics Division requirements and the FAA recommended design guidelines. 7. Vehicle Fuel Sales: a. Minimum lot size shall be 10,000 square feet; b. Setbacks: (1) The front yard setback shall be 40 feet; (2) On corner and through lots, the setback shall be 40 feet on any side facing a street; and (3) No side or rear yard setback shall be required, except-20 feet where abutting a residential zoning district; c. Fuel tank installation shall be in accordance with the Uniform Fire Code; and d. Building height shall be the same as applicable zone. 8. Schools: a. There shall be no minimum lot size requirements for schools other than what is required for the applicable zoning district; b. Setbacks: (1) The front yard setback shall be a minimum of 30 feet; (2) On corner lots and through lots,the setback shall be a minimum of 20 feet on any side facing a street,plus meet visual clearance areas, Chapter 18.795; (3) The side yard setback shall be a minimum of 20 feet; and (4) The rear yard setback shall be a minimum of 30 feet. • 9. Religious Institutions: a. Minimum lot size shall be 20,000 square feet; b. Setbacks: (1) The front yard setback shall be a minimum of 25 feet; (2) On corner lots and through lots, the setback shall be a minimum of 20 feet, plus meet visual clearance areas,Chapter 18.795; (3) The side yard setback shall be a minimum of 20 feet; (4) The rear yard setback shall be a minimum of 20 feet; and (5) Each setback shall be increased five feet for every 10 feet of building height over 45 feet. 10. Medical Centers: a. Minimum lot size shall be 20,000 square feet plus 1,000 square feet for each bed over 15 beds; b. Setbacks: (1) The front yard setback shall be a minimum of 25 feet; (2) On corner lots and through lots, the setback shall be a minimum of 25 feet, plus meet visual clearance areas requirements,Chapter 18.795; (3) The side yard setback shall be a minimum of 25 feet; (4) The rear yard setback shall be a minimum of 25 feet; and (5) Each setback shall be increased five feet for every 10 feet of building height over 45 feet. 11. Cemeteries: a. The minimum lot size shall be five acres; - b. Setbacks: (1) For graves only: (a) The front yard setbacks shall be a minimum of 15 feet; (b) The side yard setbacks shall be a minimum of 15 feet; and (c) The rear yard setbacks shall be a minimum of 15 feet. (2) For Structures Only: (a) The front yard setbacks shall be a minimum of 25 feet; (b) On corner lots and through lots, the setbacks shall be a minimum of 25 feet on any side facing a street, plus meet visual clearance areas, Chapter 18.795; (c) The side yard setback shall be a minimum of 25 feet;and (d) The rear yard setback shall be a minimum of 25 feet; • • c. Adequate fencing shall be provided. A fence of at least four feet in height located at least 2-1/2 feet from any right-of-way shall completely surround the area and shall meet visual clearance areas; and d. There are no off-street parking requirements. 12. Social/Fraternal Clubs/Lodges: a. Minimum lot size shall be 20,000 square feet. 13. Major Event Entertainment: a. The minimum lot size shall be two acres; b. Setbacks: (1) The front yard setback shall be a minimum of 30 feet; (2) On corner lots and through lots,the setback shall be a minimum of 25 feet on any side facing a street,plus meets visual clearance areas, Chapter 18.795; (3)The side yard setback shall be a minimum of 25 feet; (4) The rear yard setback shall be a minimum of 30 feet; and (5) Each setback shall be increased five feet for every 10 feet of building height over 45 feet. c. With regard to off-street parking: Exempt, if constructed with a school use. Otherwise,requirements shall comply with Section 18.765; 14. Duplexes: a. The minimum lot size shall be 10,000 square feet; and b. The remaining dimensional requirements of the underlying zoning district shall apply. 15. Group Living: a. Minimum lot size shall be 5,000 square feet; - b. Minimum setbacks shall be those in the applicable zone; c. Height limitation shall be that in the applicable zone; d. Compliance with all state requirements shall be required; and e. Off-street parking shall be in accordance with Chapter 18.765. 16. Emergency Services and Basic Utilities: a. Minimum lot size shall be 5,000 square feet; b. Minimum setbacks shall be those in the applicable zone; c. Height limitation shall be in accordance with Chapter 18.730; d. Off-street parking and loading requirement shall be in accordance with Chapter 18.765; and e. Screening shall be in accordance with Chapter 18.745. • • • 17. Non-Accessory Parking: a. Minimum lot size shall be 5,000 square feet; b. Minimum setbacks: for structures: shall be those of the applicable zone; for parking area: five feet around perimeter of paved area for landscaping and screening purposes; c. Height limitation shall be that of the applicable zone; d. Off-street parking requirements.shall be in accordance with Chapter 18.765; and e. Screening shall be in accordance with Chapter 18.745. 18. Manufactured/Mobile Home Parks(Also see Chapter 18.750): a. Minimum lot size shall be one acre; b. Minimum lot dimension: (1) Frontage: 100 feet; (2) Depth: 150 feet; c. Minimum setbacks: (1) Front yard: 25 feet; (2) Rear yard: 25 feet; (3) Side yard: 10 feet; (4) Corner yard: 25 feet. d. Height limitation shall be that of the applicable zone; e. Off-street parking shall be in accordance with Chapter 18.765; f. Landscaping shall be equal to 20%of the project area; g. Screening shall be in accordance with Chapter 18.745; h. Outdoor recreation shall equal a minimum of 60 square feet area, suitably improved for recreational use, for each unit exclusive of required yards. Each recreation area shall have minimum size of 2,500 square feet. 19. Children's Day Care: a. Minimum lot size shall be 5,000 square feet; b. Minimum Setbacks shall be those of the applicable zone; c. Height limitation shall be that of the applicable zone; .d. State certification shall be obtained in accordance with ORS Chapter 418; and e. Off-street parking shall be in accordance with Chapter 18.765. f. In industrial zones, an Environmental Impact Assessment must be submitted that. documents noise, visible emissions, vibration, odor, glare and heat from uses within one quarter mile. A plan and program for day care facilities to provide mitigation on-site for any of the above off-site impacts must be provided. Sound attenuation walls, screening, window covering, shades. and other such means are appropriate means of mitigation and ' may be attached as conditions of approval. • • • 20. Drive-Up Windows: a. Minimum lot size shall be as required in the underlying zone. b. Minimum setbacks: Where access to the drive-up windows is not separated from abutting properties or a public right-of-way by parking, structures or landscaping, visual screening shall be provided to screen headlights from abutting property and the right-of-way. c. Height limitation shall be in accordance with the underlying zone. d. Drive-up window reservoir requirement: All uses providing drive-up service as defined by this title shall provide on the same site a reservoir for inbound vehicles as follows in Table 18.765.1 contained in Chapter 18.765, Off-Street Parking and Loading Requirements. e. Reservoir Parking: Restaurants providing drive-up window service shall provide at least two designated parking spaces immediately beyond the service window, or provide other satisfactory methods, to allow customers requiring excessive waiting time to receive their food while parked. f. Hours of operation: Hours of operation shall be limited for the drive-up window when the property with the drive-up window facility abuts a residential use. In this case,hours of the drive-up window shall be limited to 7 AM to 9 PM. g. Walk-up service: Financial and other commercial establishments providing drive-up window facilities which do not provide for walk-in customer service (i.e., not allowing transactions within the structure) shall provide for safe, convenient and readily-accessible exterior walk-up window service, such as an automatic teller machine, at any time during regular business hours. Additionally, at a minimum, two parking spaces shall be provided allowing convenient access to the walk-up service window. h. Emergency exit: The design of the vehicle stacking area serving the drive-up window shall allow customers to leave the stacking line in their vehicle in the event of an emergency. i. Pedestrian access: On-site parking for walk-in customers shall be designed so that pedestrians do not have to cross drive-up window stacking lines to any public entrances into the building. j. Obstruction of rights-of-way: Establishments having drive-up window facilities shall have sufficient stacking area to insure that public rights-of-way are not obstructed. k. Sound systems: Communications sound systems shall not exceed a measurement of 55 decibels at the adjoining property line(s) at any time. • I:\curpin\julia\zoa\zoa1999-03cup changes.doc • • • Agenda Item No. 44, J • Meeting of (p. 13•D a TIGARD CITY COUNCIL MEETING MINUTES - APRIL 25, 2000 • STUDY SESSION > Meeting was called to order at 6:30p.m. by Mayor Jim Nicoli > Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Joyce Patton, and Ken Scheckla. > Staff Present: City Manager Bill Monahan; City Engineer Gus Duenas; Finance Director Craig Prosser; City Attorney Tim Ramis; City Recorder Catherine Wheatley; Community Development Director Jim Hendryx; Public Works Director Ed Wegner; Associate Planner Julia Hadjuk; Building Official Gary Lampella; Associate Planner Duane Roberts > Briefing on the Status of the Building, Electrical Inspection, and Urban Services Funds Craig Prosser, Finance Director, advised the Council that the recent downturn in building activity has negatively affected the Building, Electrical Inspection and Urban Service Funds. He explained that their projections showed the Building Fund ending $150,000 in the red this fiscal year, the Electrical Inspection Fund ending $57,000 in the black this fiscal year but $10,000 in the red by the end of next fiscal year, and the Urban Services Fund ending in the red by $80,000 at the end of this fiscal year. Jim Hendryx, Community Development Director, explained to Councilor Scheckla that the Homebuilders Association's appeal of the City's proposed fee increases did delay the implementation of the only fee increases proposed for these funds since their inception in the 1970s to September 1999. Mr. Prosser reviewed the administrative steps staff was taking to reduce expenditures, including not filling the three vacant positions proposed for elimination in next year's budget and updating the allocation bases for policy and administration costs. He mentioned the fee increase proposal slated for Council review in May, which was included in the projections. Mr. Prosser reviewed the options available to fix the problem. He recommended that the Council authorize a direct transfer of funds from the General Fund to the Building Fund to offset the projected $150,000 negative balance, instead of the General Fund loaning the money to the Building Fund. He indicated that he did not think that the Building Fund would be strong enough to repay the loan within one year, as required by state law. He recommended building a cash transfer of$10,000 from the General Fund to the Electrical Inspection Fund into the budget for the next fiscal year. Mr. Prosser recommended that the City ask the County for$100,000 to offset the negative balance in the Urban Services Fund this fiscal year, and for another $125,000 for the next fiscal year. Councilor Hunt asked if the City/County agreement included the County agreeing to take care of the difference between the amount they projected that the City would receive and what it actually received. Mr. Hendryx said that the agreement allowed for re-evaluation of the situation every year and the opportunity to get out of the agreement between March and July. Mr. Monahan stated that he has set up a meeting between City and County staff to negotiate this matter. CITY COUNCIL MEETING MINUTES —APRIL 25, 2000 - PAGE 1 • • Mr. Prosser noted that the negotiations could continue beyond June 30. He recommended, in that case and if the County indicated a willingness to provide the money, that the Council authorize a loan of$100,000 from the General Fund to the Urban Services Fund. He suggested looking at opting out of the agreement if the County dragged its feet. Councilor Moore observed that the City's leverage was that the County did not want the City to opt out of the urban services contract. Councilor Moore asked if staff foresaw this downturn as a long-term or short-term situation. Gary Lampella, Building Official, indicated that the homebuilders themselves did not see a prolonged downturn similar to what occurred in the 1970s/early 1980s. Mr. Hendryx noted the intense subdivision activity going on at this time as developers set themselves up for the future. He mentioned that the City faced a new situation: land prices were increasing,so fast that a developer holding on to his land for two years and then selling it could make more profit than if he developed the land. Mr. Hendryx confirmed to Councilor Scheckla that the only revenue the City obtained from the Bull Mountain area was through the permitting process. Councilor Scheckla spoke to the County setting aside the SDCs from that area for the City's use when the area annexed to the city. Mr. Hendryx discussed the option of differential fees between the county urban services area and the city. By majority consensus, the Council directed Mr. Prosser to proceed with his recommendations. Mr. Prosser advised the Council that the 69th Avenue LID fund was likely to overspend its budget authority, probably because the budget had not matched the projected expenditures. He suggested handling the matter through a supplemental budget amendment. Councilor Moore asked what caused the overrun. Bill Monahan, City Manager, mentioned the unexpected land acquisition costs occurring during the condemnation process with Mr. Pierce. Gus Duenas, City Engineer, noted that the original $900,000 budget was short of the projected $1.2 million in costs (without the land acquisition costs). Mr. Prosser explained that the only way to correct the situation was through the supplemental budget process. > South Fork Scope of Work Ed Wegner, Public Works Director, referenced his memo discussing the two phase project proposed by Murray Smith & Associates to pursue the option of working out an agreement between South Fork Water Board, City of Tigard, City of Lake Oswego and West Clackamas Water Commission with respect to joint usage of the Clackamas River water. He said that Tigard's share of the first phase (developing a memo of understanding to set basic elements of the eventual IGA prior to any engineering work) was $10,250. He confirmed to Councilor Scheckla that they split the total $41,000 cost equally between the four agencies. He mentioned that staff would return for another $26,750 for Tigard's share of Phase 2 of the project, the engineering study. Mr. Wegner reviewed the process Murray Smith & Associates would use to identify the issues and work out a solution. He mentioned the $31,000 Tigard paid towards the feasibility study conducted by the Joint Water Commission as a comparative. Councilor Hunt asked how the Sizemore initiative could affect the water situation. Staff explained that raising the water rate would require a vote in a November election during an CITY COUNCIL MEETING MINUTES —APRIL 25, 2000 - PAGE 2 • • even-numbered year by the same majority as passed the initiative. Mr. Wegner indicated to Councilor Scheckla that staff could not set a timetable for when the City might get water because the other agencies drove what happened, not Tigard. Mr. Wegner encouraged the Councilors to attend the Intergovernmental Water Board meeting on May 10, with its scheduled presentation/discussion of the Joint Water Commission proposal. He mentioned that staff invited the City Councils of Durham and Tualatin, as well as the Tigard Water District Board, to attend. He commented that the Councilors were noticed if they were absent. > Growth Management Caucus Mr. Monahan recalled the question of whether the City should continue its membership in this group at a rate of$4500 per year. He reviewed the basis of the fee allocations (base fee of$900 for less than 500 residents), as requested by Councilor Scheckla. He pointed out that none of the members have said that they were not renewing. He mentioned the benefits of speaking with a common voice, mutual review of problem areas, previews of what other communities were doing, and showing solidarity. He confirmed to Councilor Scheckla that they could re-join later if they wanted to. Councilor Moore commented that, as the Council representative, he saw no reason to continuing with the group because neither the Council nor the staff received benefit from the group. The Council agreed by consensus to discontinue the City's membership in the Growth Management Caucus. > Administrative Items Mr. Duenas referenced his memo discussing the Erickson Heights subdivision developer's request to open Lady Marion to prospective homebuyers traffic while continuing to route construction traffic via Royalty Parkway. He indicated that the developer's desire was to separate the two types of traffic. He mentioned that staff received calls from the neighbors with • respect to this request. He stated that the conditions of approval dealt with what would happen after the streets were ready to be opened; they did not address what happened during construction. Mr. Duenas said that he thought that the developer's proposal to retain the barricades on Kable, Hoodview and Naeve while opening up Lady Marion to prospective homebuyers made sense. Councilor Moore asked why they did not keep Lady Marion closed and force everyone to use SW 109`h. Mr. Duenas conceded that that was an option but pointed out that it mixed the passenger cars in with the construction traffic. Councilor Patton commented that most developments mixed the traffic. Councilor Hunt asked what the objection was to the developer's request. Mr. Duenas said that the Lady Marion residents, used to living on a dead end, did not want the traffic. He held that staff, working with the developer, could adequately monitor the situation to prevent construction traffic from using Lady Marion, and make adjustments as necessary. He confirmed to Councilor Hunt that they needed to keep the other streets barricaded to discourage construction traffic from using them. He indicated that staff expected completion of the streets in a year, following the second lift. The Council discussed the proposal, noting concerns over adequate monitoring, and treating the streets unequally. Councilor Moore indicated his leaning towards funneling the traffic through CITY COUNCIL MEETING MINUTES —APRIL 25, 2000 - PAGE 3 • • Royalty Parkway and SW 109th, leaving all four of the streets barricaded until all four could be opened at the same time. Mayor Nicoli commented that the Lady Marion neighbors had objected to a permanent situation, not a temporary one. He said that he could support the developer's request. Councilor Hunt suggested that the Council review the issue again in six months, sooner if the City received complaints. Councilor Moore mentioned an option of moving the Lady Marion barricades only after the three model homes were built and then only sufficient to allow circulation around a limited area. The Council agreed by consensus to direct staff to incorporate the Councilors' suggestions into the proposal. > Mayor Nicoli adjourned the study session at 7:30 p.m. 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board Mayor Jim Nicoli called the meeting to order at 7:38 p.m. 1.2 Roll Call Councilors Ken Scheckla, Paul Hunt, Brian Moore, Mayor Nicoli and Joyce Patton were present. 1.4 Council Communications: None 1.5 Call to Council and Staff for Non-Agenda Items Councilor Scheckla asked for an update of the building sitting off Hall Blvd. 2. VISITOR'S AGENDA o Randy Norgart, 10466 Lady Marion Drive Mr. Norgart mentioned being awakened at 5:30 a.m. this morning by construction traffic on Lady Marion. He read a letter he distributed to the Council, recalling the City's process regarding the Erickson Heights subdivision and the agreements reached with the neighbors to treat the streets equally. He argued that the developer's proposal to open Lady Marion in advance of the other streets violated the conditions of approval. Mr. Norgart said that the developer has done no work to build the sidewalk and install streetlights on Kable Street (Condition 10). He asked the Council to keep all the streets closed until all of them could be opened at once. He noted the subdivision access off Royalty Parkway. o Pam Lyle, 10341 Lady Marion Drive Ms. Lyle indicated that she spoke for the other residents on Lady Marion. She confirmed the construction traffic on Lady Marion at 5:00 a.m. this morning. She reported that, since finishing the paving on Lady Marion, the construction traffic has used Lady Marion whenever it wanted to, moving the barricades as it pleased. She questioned why Lady Marion should have to take the marketing traffic when Mr. Sebastian built none of the CITY COUNCIL MEETING MINUTES —APRIL 25, 2000 - PAGE 4 • • homes on their street. She stated that the traffic on Lady Marion has increased tenfold since the easily avoided temporary barricades were put up. o Jeannie Nyquist, 10042 SW Lady Marion Ms. Nyquist concurred with Mr. Norgart and Ms. Lyle's comments. She emphasized the neighborhood's expectation that the streets would open at the same time in order to distribute the traffic burden equally. She asked the Council to honor the spirit of the agreement reached a year ago. Mayor Nicoli reviewed the Council's discussion of this issue during the study session. He indicated that most felt the developer's request was reasonable, to separate the potential homebuyer traffic from the construction traffic. He said that staff told the Council that they would monitor the situation daily to keep the construction traffic to the one access point. He commented that the report of the construction traffic at 5:30 a.m. indicated that Mr. Sebastian had more work to do with his construction people with respect to accessing the site. He indicated that Council would review the request in six months, earlier if the system did not work properly. Mr. Duenas stated that keeping the construction traffic to the one entrance at Royalty Parkway was an enforcement issue that their onsite inspectors would make sure did not happen again. He noted the Council direction to keep Lady Marion barricaded until after the model homes were finished. He commented that staff had the authority to make any changes or to terminate the approval if the developer violated the agreed upon conditions. Mayor Nicoli mentioned moving the barricades on Lady Marion to the other side of the model homes as opposed to removing them completely. Mr. Duenas agreed with Councilor Hunt that the developer needed to beef up the barricades so that they could not be easily moved. Councilor Hunt stated that the Mayor's summary was accurate with respect to the Council discussion but the testimony has changed his mind because the neighbors were correct in the description of what was agreed upon. • Councilor Moore indicated his support of leaving all the barricades up until the second lift was done and then opening up all the streets at the same time to distribute the traffic as equally as possible. Councilor Patton commented that, although the developer's proposal would be nice in a perfect world, the reality of construction traffic at 5:00 a.m. argued that the construction traffic would go where it wanted if no one was watching. She spoke in support of treating all the streets equally. Councilor Scheckla concurred with Councilor Patton that the construction traffic would go where it wanted to without onsite supervision. He disagreed that staff would be able to police it. The Council agreed by consensus to direct staff to inform the developer that it wanted all four barricades to stay in place until all four could be removed after the second lift, and improvement of the barricades to prevent their easy removal. • Mr. Duenas confirmed that the developer intended to start sidewalk construction on Kable Street as soon as early May. He mentioned receipt of bids for streetlights also. CITY COUNCIL MEETING MINUTES —APRIL 25, 2000 - PAGE 5 • • o Pat Whiting, 8122 SW Spruce Ms. Whiting apologized to the City and the Council for her misidentification of the ending time of the Council's January 25 meeting in her April 14 letter. She concurred with the staff correction that the Council meeting ended around 9:30 p.m. She indicated that the testimony that ended around midnight occurred at the November 15, 1999, Planning Commission hearing on the Washington Square Regional Center. Ms. Whiting referred to past issues about staff and consultant conduct while members of the public presented testimony on matters that they considered serious and life impacting. She said that a consultant referring to the public as "skeptics, deniers and realists" and the staff expressions of amusement during public testimony was unprofessional behavior and not in the spirit of developing a sense of community. She pointed out that many citizens were not used to public speaking or dealing with governmental matters. o Mark Mahon Mr. Mahon complimented the Council and staff for the spirit of cooperation evidenced in the joint meeting with the School Board at the last study session. He mentioned more efficient use of taxpayer dollars and lack of duplication of services and activities between the two major governmental bodies in the city. 3. PROCLAMATIONS a. Proclaim the Week of May 7— 13, 2000, as Be Kind to Animals Week Mayor Nicoli said that he would sign the proclamation later in the evening. 4. CONSENT AGENDA Councilor Scheckla asked for information on Item 4.3.a. Mr. Wegner explained that they used an open door dollar amount for the project (a not to exceed amount) because they bid it on a time and material basis due to the unknowns surrounding replacement of some of the fire hydrants. He indicated that staff compared the prices for the individual hydrants provided by the other bidders to conclude that the City was getting a good deal from this contractor. Motion by Councilor Scheckla, seconded by Councilor Hunt, to approve the Consent Agenda. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") 4.1 Approve a Resolution Authorizing Interim Financing for the Dartmouth Street Local Improvement District—Resolution No. 00-17 4.2 Approve a Resolution Declaring the Need to Acquire Property for the Purpose of ° Constructing the Gaarde Street Improvement Project (Phase 1) — Resolution NO. 00 - 18 4.3 Local Contract Review Board a. Award of Fire Hydrant Replacement Contract to All-Ways Excavating b. Award Contract for Embedded Crosswalk Lighting System on 1215` Avenue at Katherine and Lynn Streets to EC (Electric Construction) Company, Inc. c. Award Contract for the Construction of 118`h Court Storm Drainage to Kasey Cooper Excavation, Inc. CITY COUNCIL MEETING MINUTES —APRIL 25, 2000 - PAGE 6 • • 5. PUBLIC HEARING (LEGISLATIVE)—ZONE ORDINANCE AMENDMENT TO ALLOW DAYCARE USES IN INDUSTRIAL ZONES (ZOA) 1999-0003 The applicant is proposing a Zone Ordinance Amendment to change the City of Tigard Community Development Code to allow daycare uses outright or conditionally in all industrial- zoned properties. LOCATION: All Industrial Zones, Citywide. ZONES: Light Industrial, I-L; Industrial Park, I-P; and Heavy Industrial, I-H. APPLICABLE.REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 5 and 12.3; The Metro 2040 Plan; and Statewide Planning Goals 2 and 9. a. Mayor Nicoli reconvened the public hearing. b. Declarations or Challenges: None c. Staff/Applicant Report Julia Hajduk, Associate Planner, recalled that the Council continued the hearing in order to allow themselves time to review the applicant's packet, which staff had inadvertently left out of the Council's packet. She reiterated the staff and Planning Commission's recommendations to deny the request, based on the limited amount of industrial land remaining in the city. She noted that the Code allowed daycare uses in all zones (with restrictions) except light industrial and heavy industrial. She referenced the map in the packet identifying the amount of buildable industrial land. Ms. Hajduk clarified to Mayor Nicoli that the Code allowed daycares in up to 20% of a development area in an industrial park zone. Councilor Scheckla asked why Tigard did not allow daycare uses in industrial zones when other cities did. Ms. Hajduk explained that the Tigard Code did not allow those uses while other cities' codes did. d. Public Testimony • John Brosy, land use planning consultant representing an industrial property owner. in the City of Tigard Mr. Brosy discussed the applicant's compromise proposal to amend the Code to allow commercial daycare uses as conditional uses in the light industrial and heavy industrial zones. He referenced their suggested Code amendment language on page 2 of his letter. Mr. Brosy pointed out that almost all the surrounding jurisdictions allowed daycare uses as either outright or conditional uses in their industrial zones, recognizing the complementary function daycare provided to the industrial workers. He referenced Statewide Goals 9 and 12, protecting industrial uses while allowing complementary uses in order to enhance the community. He argued that Tigard had not tried to intentionally exclude daycare uses from its industrial zones; rather, it was an oversight compounded by a concentration of industrial zones in the southeast part of the city without commercial zones nearby where such uses could be located to serve the workers' needs. Mr. Brosy argued that the staffs concerns with respect to the industrial land supply were not warranted, as daycare uses occupied less than one acre of land and tended to locate in a pattern similar to schools spread throughout the community. He mentioned their CITY COUNCIL MEETING MINUTES —APRIL 25, 2000 - PAGE 7 • • expectation that only two daycares would locate in the industrial zones, should the Council make this Code change. He held that the lack of daycares in industrial zones placed the City of Tigard at a competitive disadvantage to other cities with a more realistic modern approach in locating daycares next to industrial uses. Mr. Brosy discussed the market for daycares in industrial zones. He held that a reason that the market has located only one daycare use in an industrial park zone in Tigard was because industrial park daycares were hidden within in industrial area and unable to market themselves adequately. Mr. Brosy emphasized that the proposed Code language allowed the City to retain control over daycare uses through the conditional use process. He said that they were willing to work with staff, using their proposed language as a starting point. Councilor Scheckla noted that large-businesses in industrial areas in other cities provided in-house daycare facilities for their workers. Mr. Brosy indicated that, under the Tigard Code, that would not be allowed unless the business were located in an industrial park zone. He cited the example of Fred Meyer purchasing land across the street from their southeast Portland office and contracting with a commercial daycare center to provide that service to their employees and others in the area. He reiterated that, under the Tigard Code, even if the daycare were located on the same property as the business, a similar situation could not happen in Tigard. He spoke of the demand in the Tigard area for daycare located close to places of employment. Councilor Scheckla asked for information on daycare operations. Mr. Brosy said that they were generally open five days a week from 6:00 a.m. to 6:00 p.m. • Elaine Greer, Tigard worker, Wilsonville resident Ms. Greer recounted her difficulties as a single working mother in finding appropriate • daycare in the Tigard area when her company relocated her from Kirkland, Washington, to Tigard. She said that she had been used to daycare conveniently located in the industrial areas. She commented that she moved from Tigard to Wilsonville because Wilsonville was the where she found a daycare provider. She described the additional stresses placed on workers and families by daycares located far away from their places of employment. She indicated that she represented the numerous families who wanted another daycare located close to their work place. She concurred that designating land for a daycare would complement, not detract, from the businesses in the area. Ms. Greer indicated to Councilor Scheckla that she has always wanted to live and work in Tigard and have her daycare here but circumstances forced her to move to Wilsonville when she could not find daycare in the Tigard area. • Nancy Chin, co-owner of Durham and Wilsonville Learning Trees Ms. Chin stated that she turned down on average three to four families every week looking for daycare. She mentioned noticing a month ago that these families were all from the Tigard area. She indicated that 80% of the people inquiring into the Durham Learning Tree approached her because the facility was close to where they worked. She spoke to the importance to parents of being close to their children. CITY COUNCIL MEETING MINUTES —APRIL 25, 2000 - PAGE 8 • • Ms. Chin explained that an industrial park situation did not contribute to the safe, secure and nurturing environment desired by the parents for their children. She mentioned the high prices they would have to charge at such a location. She asked the Council to consider finding a solution to the problem of the lack of daycare available in the Tigard area close to the workplaces. Councilor Scheckla asked for operational information about daycares. Ms. Chin explained that the state regulated the number of children allowed in a daycare per the square footage of the facility. She said that the Durham Learning Tree was licensed for 98 children from a year and walking to 10 years old. She confirmed that the state also regulated the amount of inside and outside play area. • Jim Blackwell, co-owner of Durham and Wilsonville Learning Trees Mr. Blackwell stated that the state required 35 square feet inside for each child and used a ratio of the total attendance to determine the size of the outdoor play area. He confirmed to Councilor Scheckla that they took appropriate precautions to protect the children and to provide a safe, secure outdoor play area. Mr. Blackwell presented a map identifying the locations of the existing commercial daycare centers in the Tigard area in relation to the industrial zones. He stated that the seven schools offered potentially 500 spots but, as of today, only had four openings and long waiting lists. He argued that this area had a significant need and no way to meet that need. He pointed out that some daycares charged very high rates because of the high demand and limited supply. Mr. Blackwell described the industrial park environment as cement walls, cinderblocks and long buildings, an unattractive environment to mothers looking for daycare. He explained that daycare needing a softer environment was a reason why daycares have not located in industrial park zones. He presented several pictures illustrating the look of the Learning Tree centers, something that parents wanted. Mr. Blackwell stated that for three years he has searched for a suitable daycare site in the industrial zoned areas, and finally found a reasonably priced piece of land in a good location with an owner willing to work with a commercial daycare to provide for the needs of the workers. He reiterated that the Durham Learning Tree has had a waiting list for four years. He explained to Councilor Moore that the red dots on the map were the businesses that he has personally contacted, which endorsed a nearby daycare. Mr. Blackwell reiterated to Councilor Scheckla that only this one site in the industrial area met the criteria of size, location, accessibility and price. He commented that it made no sense to operate a daycare center offering an unreasonable tuition price. He noted that this site was near a community church. Mr. Blackwell explained to Councilor Scheckla that they built the Durham Learning Tree in an industrial area because Durham allowed daycare uses as a conditional use in their industrial areas. He confirmed that they would build the same type of building in Tigard if allowed to do so. CITY COUNCIL MEETING MINUTES —APRIL 25, 2000 - PAGE 9 • • • • • Milt Brown, industrial land developer and owner Mr. Brown discussed the changes over the last 30 years that have resulted in the need for daycare conveniently located to places of employment. He pointed out that people no longer had relatives close by to baby-sit; working parents needed commercial daycare. He mentioned that industrial land users now asked about the availability of daycare in the area. He said that they welcomed Mr. Blackwell with open arms when he proposed a daycare in their area but were shocked to discover that the City of Tigard did not allow it. He emphasized that daycare in the industrial zones would help develop the land for industrial uses. He urged the Council to amend the Code to permit something that would benefit all interest groups. • Greg Leo, 11938 SW 25th, Portland, representing Learning Tree and Tri-County Industrial Parks Mr. Leo spoke to the City taking advantage of this opportunity to develop a finely crafted policy to allow daycare as a conditional use in industrial zones. He reiterated that doing so would improve Tigard's competitive position by providing for a real need in an increasingly diverse labor market composed of both parents. He spoke to good daycare close by the workplace as reducing the stress on working parents. He referenced the City's concern about the erosion of its industrial base but noted that daycares took up only a small portion of that base. Mr. Leo urged the Council to look at the conditional use option, noting that the Planning Commission did not consider this option because the terms of a conditional use were not specifically delineated until tonight. He mentioned using the process to determine a needs test for the number of daycares allowed and their locations. He referenced Mr. Brosy's document as identifying the issues to be addressed by a conditional use process. • Mark Mahon Mr. Mahon spoke in opposition to the zoning ordinance amendment. He cited the shortage of industrial land in Tigard at this time. He mentioned that one of Tigard's larger private employers was considering moving out of Tigard because they did not have enough room to expand their overcrowded facility, resulting in the loss of many jobs. He asked why more daycares have not been built if there was a shortage of daycares in Tigard. He referenced his wife's daycare business in stating that there was a shortage in daycare for the six-week to 18-month old age range but there were openings for the older kids. Mr. Mahon stated that he did not find it appropriate to take what little industrial land Tigard had for daycare uses. He argued that Tigard's industrial zones were not large islands where workers had to travel long distances to find the zones where daycares were permitted. He held that daycare was available, although not necessarily easily available. He indicated that he had not had to travel long distances to get to a daycare before his wife went into the daycare business herself. Mr. Mahon explained to Councilor Scheckla that his wife's in-home daycare facility was allowed eight children, and had openings in the older range. Councilor Scheckla commented that when a daycare was filled up to its licensed limit, then it could not take CITY COUNCIL MEETING MINUTES —APRIL 25, 2000 - PAGE 10 • • any more children. Mr. Mahon reiterated his question as to why there were not more facilities built where they were permitted if there was such a high demand for them. Councilor Scheckla mentioned the difference in the cost of land. Mr. Mahon asked if they set zoning regulations by the cost of land. e. Staff Recommendation Ms. Hajduk recommended denial of the requested zoning ordinance amendment. She said that, even with the conditional use, staff felt that conditional use was simply another process. If the applicant met the conditions, then they received approval. She mentioned staff's preference that the Council allow daycare as an outright use if it intended to approve daycare as a conditional use because that process did not afford any additional review beyond that required by a site development review. f. Council Questions Councilor Hunt observed that staff's main objection appeared to be the reduction in the amount of industrial land. He asked if Tigard had land available elsewhere in the city to rezone to industrial. Ms. Hajduk said that creating more industrial land might be possible but they would have to look at the balance of jobs, residential housing units and employment that the City was required to provide. g. Mayor Nicoli closed the public hearing h. Council Consideration Councilor Hunt spoke in favor of allowing daycare uses in industrial uses. He commented that daycares did not necessarily need the aesthetics of a Learning Tree facility to operate successfully, citing a daycare by Albertson's located in a brick building. He cited the large number of one-parent families who needed daycare. He concurred that a daycare located near to their place of employment was a big advantage to parents, especially those who had to use public transportation. He stated that he was more interested in the good of the parents than he was in businesses getting the industrial land. Councilor Scheckla observed that the site identified for a daycare has sat vacant for sometime without development and could continue to sit vacant if not used to meet this need. He referenced the state mandate to reduce vehicle miles traveled as a reason to locate daycare close to the areas of employment. Councilor Patton said that, while she understood staff's concern about the limited amount of industrial land available in Tigard, she supported allowing daycare uses in industrial zones. She discussed the impossible situation of childcare for many working parents. She held that they could not build daycare facilities fast enough to accommodate the need, even if only located in commercial areas. She referenced the daycare facility located in the federal building in which she worked as convenient and reducing the amount of time the parents spent away from their work site on childcare situations. Councilor Patton said that the daycare market would self-regulate the number of daycares in the industrial areas in consideration of cost-effectiveness and viability. She disagreed that they would be using up that much of their limited industrial lands. CITY COUNCIL MEETING MINUTES —APRIL 25, 2000 - PAGE 11 • • Councilor Moore stated that he had no strong feelings one way or the other. He commented that he had placed quality over convenience when his kids were in daycare. He did not see the travel issue as unreasonable, given the size of the industrial area and the location of the nearest daycare. He agreed that daycares would regulate themselves. He stated that, although he leaned towards supporting the staff recommendation, he would support the majority Council decision, as the other Councilors did make some strong points. Mayor Nicoli concurred with Councilors Patton and Hunt's comments. He discussed his concern that they place conditions on a daycare use in an industrial area so that an existing business would not be negatively affected by the location of a daycare close to it. He mentioned that an existing business generating loud noise would have to bring its site into compliance with the DEQ noise regulations if a daycare located near it. He held that that was not fair to allow a reverse effect on the existing industrial uses. He said that he was more concerned with the quality of life of the parents than with how much industrial usage went on. Councilor Patton pointed out that the first provision of the proposed conditional use language stated that the proposed use would have significant adverse effects on nearby industrial firms. She commented that she did not agree that the Council should allow the use outright; she saw value in putting some conditions on the use. Mayor Nicoli indicated that that clause rewritten would address his concerns. Councilor Scheckla asked for the City Attorney's opinion. Tim Ramis, City Attorney, mentioned the possibility of`a use under prescribed conditions,' a concept falling in between an outright use and a conditional use. He indicated the need to develop objective performance criteria that the permitted use had to meet. The Council discussed what issues were of concern with respect to preventing a reverse effect on existing businesses, mentioning noise and environmental issues in particular. Mayor Nicoli suggested language to condition the use to require consideration of a significant reverse effect on existing businesses due to a regulatory requirement from a government agency that allowing a daycare use could create._ He emphasized that if allowing a daycare use would shut down or cause major financial harm to an existing business, then the City had a responsibility to protect the existing business. The Council agreed to continue the hearing to the June 20 Council workshop meeting in order to allow staff sufficient time to research the matter and to present a concept to the Council. Mr. Monahan said staff would schedule time on the June 27 agenda for Council action. Ms. Hajduk asked for clarification of Council direction. The Council indicated that the permitted use with prescribed conditions suggested by Mr. Ramis was an acceptable alternative to a conditional use. CITY COUNCIL MEETING MINUTES —APRIL 25, 2000 - PAGE 12 • • 6. CONSIDER AN ORDINANCE TO ESTABLISH A NEW FRANCHISE AGREEMENT FOR LOCAL TELEPHONE SERVICES TO BE PROVIDED BY NEXTLINK, OREGON, INC. Motion by Councilor Moore, seconded by Councilor Patton, to approve Ordinance 00-17. The City Recorder read the number and title of the ordinance. ORDINANCE 00-0017, AN ORDINANCE GRANTING T NEXTLINK OREGON, INC., A •WASHINGTON CORPORATION, A FRANCHISE TO CONDUCT A TELECOMMUNICATIONS BUSINESS IN THE CITY OF TIGARD, OREGON, INCLUDING THE RIGHT TO PLACE POLES, WIRES AND OTHER APPLIANCES FOR TELECOMMUNICATION PURPOSES IN THE PUBLIC RIGHTS OF WAY, AUTHORIZING THE MAYOR TO SIGN THIS AGREEMENT AND DECLARING AN EMERGENCY. Motion was passed by unanimous roll call vote of the Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") [5-0] 7. PRESENTATION ON THE ANNEXATION OF BULL MOUNTAIN AND OTHER NON-ISLAND AREAS The Council agreed to continue this item to the May 9, 2000, meeting. The Council considered Agenda Items 9 and 10 at this time. 8. COUNCIL CONSIDERATION OF COMMUNITY CULTURAL EVENTS SPONSORSHIP FOR FY 2000-2001 Mr. Monahan referenced Resolution 00-01 (Attachment A), asking if the Council wanted to grant sponsorship to the following five community events: Fourth of July, Festival of the Balloons, Broadway Rose, Train Days and Holiday Tree Lighting and Civic Center Decorations. He noted that the non-profit organizations sponsored the first three events while the City sponsored the last two. He suggested, should Council approve the first three sponsorship applications, that staff return on May 9 with all the community event applications for Council review. He emphasized that approving the applications did not grant funding; staff would bring the resolution for the levels of funding of sponsorship to the May 9 meeting. Mr. Monahan reported that the social service applications came in at $133,600; the Budget Subcommittee recommended granting $78,100 to nine agencies. He indicated that $43,000 remained unallocated of the $125,550 target set by Council for funding community events and social services (1% of the general fund). He stated last year the City granted $10,000 to the Festival of Balloons, $10,000 to Broadway Rose and $7,500 to 4th of July for a total of$27,500. The Council agreed by consensus to approve sponsorships for the three non-profit organization events. Mr. Monahan mentioned the Balloon Festival's request that the City fund a potable water line in Cook Park for use by the vendors during the event. Mr. Wegner explained that the City would not have to pay an SDC, given the minimal use expected of the water line. The Council granted authorization to install the water line. CITY COUNCIL MEETING MINUTES —APRIL 25, 2000 - PAGE 13 . • Mr. Monahan asked for clarification on the term of sponsorship. Councilor Moore mentioned the language proposed during the original discussion to offer an unlimited term with one-year notice of renewal or non-renewal. 9. COOK PARK Mr. Wegner mentioned that the staff presentation on Cook Park was set out in the Friday Newsletter. He reported that staff would have another engineering contract in May and hoped to have the construction documents ready to go out with the bidding on the wetlands mitigation in June. 10. STATE GRANT PROPOSALS Mr. Hendryx reviewed the state grant program for local projects (acquisition, development or rehabilitation of parklands). He explained that local jurisdictions could apply for two sizes of matching grants: up to $50,000 and from $50,000 to $250,000 (with 50/50 matching funds to reach the total). He said that the grant cycle for the small grants was annual while the cycle for the larger grants was biennial. He mentioned the State's expectation that any property purchased with grant money be open to the public for recreational purposes, as opposed to land banking. He noted the costs associated with property acquisition: insurance and minimal improvements. Mr. Wegner reviewed the specifics of the Cook Park grant application to complete more quickly the improvements on the East side already scheduled in the master plan (parking lot, restroom, picnic shelter, tot lot). Mr. Roy indicated that the grant for Woodard Park would pay for two playgrounds. Councilor Patton asked how large a grant staff would request for Woodard Park. Mr. Roy indicated an amount of$150,000 to $175,000. o Chris Beck, Trust for Public Lands Project Manager Mr. Beck introduced Geoff Broach, a local colleague from the Trust. He presented the Trust's new proposal for the two $250,000 grant applications allowed to the City each biennial cycle (see handout). He mentioned the letter that the Mayor wrote a year ago to the legislative delegation in support of the M66 program in general, and the Cache Creek property in particular. He reiterated that the second property was the Bond Street property at Hall and Durham. • Councilor Hunt asked that the presentation be stopped because the Council has already voted this down three times before, and they were crowded for time to get the Council business done tonight. Mayor Nicoli noted that this proposal was different from what the Council heard before. Mr. Beck asked the Council to temporarily reprogram the Fanno Creek trail money to the state grant application in order to leverage the state money. He stated that the Trust would commit its time and energy to identifying replacement dollars for the trail project. He held that the task was not that challenging, as the Trust was a large national organization receiving millions of dollars in grants and foundations. Mr. Beck indicated that if the City did receive the state grants, then the Trust would return CITY COUNCIL MEETING MINUTES —APRIL 25, 2000 - PAGE 14 • • with an update on their efforts in either securing the money or identifying a clear path to the money. He explained that the City made the decision at the time of the grant award on whether or not it wanted to accept the grant. He reiterated that the project required no City money. He expressed his confidence that the Trust could locate the replacement dollars. Councilor Scheckla commented that the Trust did not know how long it would take to find the replacement dollars whereas the City had money programmed for the trail to construct during this year's construction season. He said that he did not want to wait an extra year. Mr. Beck reiterated his confidence that they could find the money in a timely fashion. Councilor Hunt pointed out that any acquisition of land did bring minimal costs to the City of insurance and improvements. He noted that the City was already having trouble caring the property it currently owned. He asked where the money would come to take care of additional property. Councilor Scheckla said that the City was not filling staff positions because it was trying to save money. He stated that he has voted three times against this property acquisition and he would do so again tonight. He indicated that he has walked the property and would not support its acquisition no matter how many times it came before the Council. He indicated . that he could support the staff proposal for grants for Cook and Woodard Parks. Councilor Moore argued that with the Trust proposal, the City ended up with additional greenspaces at no acquisition cost to the City. He pointed out that the City has been told many times that it was deficient in greenspaces. He explained that, although he supported capital improvements, he believed that it was more important to acquire the lands in which the City was deficient. He held that the City lost out on many greenspace properties because of lack of foresight by the Councils in the past 10 to 15 years to purchase the land at a lower cost before the developers bought it. He mentioned this Council's struggle over the past few years to purchase greenspaces, and at the higher costs. Councilor Moore conceded that this property might not be at the top of the City's list for acquisition but he pointed out that it moved up on the list every time the City missed out on purchasing another piece of property. He reiterated that the City ended up with property on Durham, on Bull Mountain and leverage to obtain property adjacent to the new elementary school. He held that the last property in particular would benefit the School District, the proposed recreation district and the Tigard citizens. Councilor Moore stated that, as much as he favored capital improvements, he could not stand by and allow land to disappear that the City could purchase for greenspaces as opposed to leaving it to the developers. He said that he continued to support the grant application as an opportunity to provide the City with more of the greenspaces it lacked. Councilor Scheckla reiterated his opposition to the properties because they lay outside the city limits and he did not want to wait 15 years for the residents to decide to come into the city. Councilor Moore observed that by not purchasing land outside the city limits, the City ended up developing property within the city limits without greenspaces. He argued that if the Councils had had the foresight 20 years ago to purchase lands outside the city limits, then the City might have the greenspaces now and not be in a deficit situation. He held that it was the Council's role to identify the future as well as the present. He pointed out that Bull Mountain was in the City's future, as it lay within the City's area of interest. He remarked CITY COUNCIL MEETING MINUTES —APRIL 25, 2000 - PAGE 15 • that in 10 to 15 years people would ask why this Council did not acquire property for greenspaces when it had the opportunity to do so. He reiterated that, regardless of whether the property lay in the County or the City, the Council had to look to the future needs of the city. Councilor Hunt noted that he had walked the Cache Creek property and told the Council that he did not want it, and the Council voted that it did not want it at that time. He said that he could not see buying property that they did not want just because someone would pay for it. He held that they were buying themselves a lot of headaches. Councilor Moore referenced Max Williams' letter, in which Representative Williams mentioned his discussions with the County about accepting the maintenance cost of the property. He emphasized the potential that the City could obtain a greenspace that it did not have to do anything with. He commented that the natural state of the Bond Street property meant that the City would have little to do beyond clean up and trails installation. Councilor • Scheckla pointed out that it was wet half the year. Councilor Moore noted that they could develop much-needed wetlands. • Councilor Patton expressed her appreciation to the Trust for returning with a proposal that addressed her previously expressed concerns and for its willingness to find funding for the Fowler Trail. She asked for clarification on whether the program allowed for the temporary and conditional reprogramming of money, given the statement that the funding had to be certified with the grant application. Mr. Broach noted that nothing was in place until the City actually accepted the grant. Mr. Hendryx explained that "funding must be certified" meant that the City had to provide certainty to the state that it had the matching funds. He said that what Mr. Broach meant was that if the City had the certified money available, and other alternatives came up between now and when the grant came in, then the City could substitute the alternative money. Councilor Hunt asked what money would the City be certifying that it had. Mr. Hendryx said that the City would have to earmark money, such as reallocating the Tiedeman path money. He confirmed to the Councilor that if the City said that it had the money available for the grant, and the alternative funding did not come through, then it had the Tiedeman path funds available for the grants. Mr. Hendryx explained that the City did not have to identify a particular pot of money in its guarantee that it had money available for the matching grants. He said that when it came time to accept the grant, the City could match the grant, using money from whatever pot of money it chose. Duane Roberts, Long Range Parks Planner, indicated that the money was supposed to be budgeted. Mayor Nicoli asked how many years did the City have to purchase the land, once the State approved their grant application. Mr. Roberts said that the State wanted all projects completed within two years. Mayor Nicoli noted that they had the option to budget either $150,000 in one year or $75,000 per year for two years. Councilor Hunt asked if the State required the City to budget the money before it certified it. Mayor Nicoli pointed out that the City could replace the money it budgeted for the grants (such as $150,000 from the general fund) over two budget years, using parks SDC or other funds brought in, like those from the Trust. CITY COUNCIL MEETING MINUTES —APRIL 25, 2000 - PAGE 16 • • Councilor Hunt asked for clarification from the City Attorney on the requirement to budget the money when the City did not have it budgeted. Mr. Ramis indicated his understanding that the City had an obligation to budget the $150,000 initially before certifying the funds. He said that the point the Mayor was making was the City's ability to amend the budget over two years. He mentioned hearing the Trust say that the Council could also opt not to accept the state grant because it did not have the backfill money available. Mr. Beck indicated that if the City could not provide the matching funds for whatever reason at the time of the grant award, then the Council had the discretion to refuse the grant and the State would award it to another applicant. Mr. Ramis commented that, from his perspective as the City Attorney, that was a key feature. Mr. Roberts pointed out that the City had to decide shortly after the grant awards in July whether or not to accept the grant. Councilor Patton pointed out that the short timeframe for the grant acceptance gave the Trust little time to locate the alternative funding. Mr. Broach said that the Trust understood that. He pointed out that the State did not meet its January deadline to produce the grant application deadlines. He commented that the State might or might not complete the grant awards for this new program by July. He stated that the Trust has already begun the process to look for alternate funds; it would not wait for the assurance that the City would get the grants. Mr. Beck confirmed that the Trust wanted to show the Council a clear path to the alternative funding (with a high degree of certainty) at the time of the grant award. Councilor Hunt asked if the Council had to budget the money now before certifying that the City had the money available. Mayor Nicoli pointed out that no jurisdiction would have the money budgeted because the rules came out in April and most fiscal years ran from July to July. Mr. Ramis said that he did not know if the meaning of the rule was that the City simply certified that it had $150,000 in general fund money available for appropriation or if • it had to go through the supplemental budget process and actually assign the money. He concurred that that point needed clarification. Councilor Scheckla asked what happened to the $150,000 for the Fowler-Tiedeman trail. Mr. Roberts said that staff has identified greenspaces for the trail and scheduled it for this year. He commented that the City had to spend down the greenspaces funds by the end of this year per the IGA. Mr. Hendryx confirmed that one option proposed was to reprogram the trail money temporarily. Mr. Hendryx explained that staff presented the proposal for the two grant applications described in the staff agenda summary (per Council comments) while the Trust has presented an alternate proposal for the two grant applications. He indicated that staff recommended its proposal. He stated that staff did not bring back the Trust's proposal; the Trust brought it back. Councilor Patton commented that she felt at a disadvantage because she did not participate in the workshop discussion last week due to illness. She said that while she read the information on the capital improvement projects, she was focusing her efforts on Representative Williams' letter, the other letters she has received from citizens this week, and the other information provided chronicling the City's involvement. She indicated that she saw the Trust's revised option as potentially giving the City everything it wanted for a minimal amount of money. Councilor Patton reiterated her concern about certifying the money from the general fund. CITY COUNCIL MEETING MINUTES —APRIL 25, 2000 - PAGE 17 • • She commented that she would feel more comfortable if the Trust would guarantee that it would find the funds for the trail, although she understood that it would bend over backwards to find them. She stated that she strongly favored greenspaces. She indicated that she did not want to endorse the capital improvement projects. She said that she leaned towards the Trust's revised proposal, given that the City could say `no' in the event it received the grant award. She informed that Trust that, should the Council decide to support its proposal, she would `haunt' the Trust about the trail funding because the bad timing of the grant applications put the Council in an awkward position. Councilor Hunt asked why Councilor Patton did not feel comfortable moving forward with the staff proposal at this time. Councilor Patton indicated that she preferred to proceed with those capital improvement projects as planned. She confirmed to Councilor Scheckla that she has looked at both properties and was familiar with the Bond Street property, having lived in the area. Councilor Scheckla said that one could not adequately see the properties without walking them. Councilor Moore asked if the City could re-apply for the smaller parks grant next year and the larger parks grant in two years, should whichever grant proposals the City made fall through. Mr. Wegner said that they could do so but noted that the City had to complete the Cook Park wetlands by March 2001 because that was when their three-year wetlands permit ran out. Councilor Moore asked how staff had intended to fund the Cook Park improvements prior to the grants. Mr. Wegner said that they were going to do the improvements piecemeal over the next three to five years. Councilor Moore observed that it would take one to five years to complete the process either way. Mr. Wegner commented that the advantage of the grant was freeing up capital money for other parks projects, and the rapid completion date. Councilor Moore remarked that those projects would still be here in several years while the • opportunity to purchase the property would be gone. Mayor Nicoli stated that he leaned towards purchasing the land. He noted that, since the State simply wanted the funds certified for two years, the City could do so and proceed with the trail construction. He indicated that, if nothing went right, the Council could decide to walk away from the grant or find the money to backfill over the next two years. Councilor Hunt asked what happened with the staff's capital improvements proposal. Mr. Wegner indicated that staff would continue with its original plan to do the projects in a piecemeal fashion over the next three years, using SDC funds. Mr. Roberts reiterated that they could reapply in two years. Mr. Wegner concurred that they could apply for another parks project in two years (such as Summerlake Park) but he reiterated that they could not wait two years on Cook Park. Mayor Nicoli asked for clarification on the Trust proposal, noting that it had two grants but discussed three pieces of property. Councilor Moore explained that the Stanley property owned by the Trust was the leverage property for the grants to buy the Gage property and to option the property next to the elementary school property. Mr. Beck confirmed to the Mayor that they could not break the grants into two different pieces. He explained that the donor of the Cache Creek property challenged the Trust to use his donation to leverage state grants for the Bond Street property and the Conklin property option. Councilor Scheckla recalled that three years ago the people in the area of the Gage property had offered to put up money towards its purchase but when the City waited and looked at the CITY COUNCIL MEETING MINUTES —APRIL 25, 2000 - PAGE 18 • • • property for eight months, the money was not there at the final hour. He contended that those people made the same argument that the property would be gone if the City did not purchase it. He held that the staff kept bringing this back, despite the Council voting it down several times. Councilor Moore clarified that staff did not bring this property back to the Council on its own initiative. He stated that he asked the staff to allow the Trust to return with this alternative proposal because it was different than the proposal the Trust brought the last time. He indicated that if it had been the exact same proposal, he would have told them not to waste their time but, as it was different, he felt it was only fair to bring it to the Council. He emphasized that this was not a staff request. Mayor Nicoli called for an end to Council discussion at this time and called for public comment. • John Draneous, Bull Mountain resident Mr. Draneous conceded that there was a sentiment to build trails but argued that these people were offering the City an opportunity to acquire valuable land at no cost. He held that the property on Bull Mountain would develop if this proposal did not happen. He stated his opinion that the City could build trails on land it already owned at any time without an appreciable change in cost but buying this land was only possible today. He referenced Councilor Scheckla's comments about the Gage property still available after three years but reiterated that the Bull Mountain property would not be available in three years unless the economy took a nosedive. He stated that there was no park space on Bull Mountain. Mr. Draneous suggested that the Council take into account the discussion of the annexation of Bull Mountain(even if it was postponed). He commented that the Bull Mountain residents would want to know what annexation to the City provided to them, given that their taxes would increase if they annexed. He held that the City having park space in the area would stand it in good stead with respect to annexation. Councilor Scheckla reiterated that he would make support parks in the Bull Mountain area upon annexation. Mr. Draneous said that the City needed to persuade the residents to annex; if the City allowed all the land on Bull Mountain to develop, then there would not be any park space there. Councilor Scheckla referenced the situation with Walnut Island in which he contended that the residents accepted all the improvements the City made as part of an enticement for annexation yet opposed annexation until they had no other recourse. Councilor Moore pointed out that the Council needed to decide tonight on which grant applications to support because staff had only three days left to submit the grant applications. He stated that he did not want the City to lose out on an opportunity for grants for either land acquisition or capital improvements. Motion by Councilor Moore, seconded by Councilor Patton, to support the grant applications as outlined by the Trust for Public Lands. Motion passed by majority voice vote of the Council present. (Mayor Nicoli, Councilors Moore and Patton voted `yes;' Councilors Hunt and Scheckla voted `no.') [3-2] CITY COUNCIL MEETING MINUTES —APRIL 25, 2000 - PAGE 19 • • Mr. Monahan noted that the motion granted direction to the staff to proceed and to the mayor to sign the application. Motion by Councilor Moore, seconded by Councilor Patton, to support Resolution 00-19, as revised by staff. The City Recorder read the number and title of the resolution. . RESOLUTION 00-19, A RESOLUTION AUTHORIZING THE SUBMITTAL TO THE OREGON PARKS AND RECREATION DEPARTMENT OF LOCAL GOVERNMENTS GRANT PROPOSAL FOR ACQUISITION OF THE STANLEY PROPERTY AND THE BOND STREET PROPERTY. Motion passed by majority voice vote of the Council present. (Mayor Nicoli, Councilors Moore and Patton voted `yes;' Councilor Scheckla voted `no.') [3-1] Councilors Hunt and Scheckla left the meeting. The Council considered Agenda Item 8 at this time. 11. EXECUTIVE SESSION: Canceled. 12. ADJOURNMENT: 10:39 p.m. Catherine Wheatley, City R,order Attest: „, 7 Ma I It i 2 yo , City of Ql LL Brian J. Moore, Council President Date: (o - /3 - DO CITY COUNCIL MEETING MINUTES —APRIL 25, 2000 - PAGE 20 l • • TIGARD CITY COUNCIL 44 j BUSINESSMEETI'NG ..�...� tf APRIL=2=5 20004r 6:30 ' CITY OF TIGARD TIGARDICIT,Y`FALL , 1312, 5 SW HALL BBLVD TIGARD, OREGON 97223= PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7: 1 5 p.m. to sign in on the testimony sign-in sheet. 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SEE ATTACHED AGENDA COUNCIL AGENDA—APRIL 25, 2000 - PAGE 1 • • AGENDA TIGARD CITY.COUNCIL BUSINESS MEETING • APRIL 25, 2000 6:30 PM • STUDY SESSION > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), (f) 8'e (h) to discuss labor relations, real property transactions, exempt public records, and current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be.disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. > Briefing on the Status of the Building, Electrical Inspection, and Urban Services Funds 7:30 PM 1 . BUSINESS MEETING 1 .1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1 .4 Council Communications 1 .5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. PROCLAMATIONS: a. Proclaim the Week of May 7 — 13, 2000, as Be Kind to Animals Week 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Approve a Resolution Authorizing Interim Financing for the Dartmouth Street Local Improvement District - Resolution No. 00 - 4.2 Approve a Resolution Declaring the Need to Acquire Property for the Purpose of Constructing the Gaarde Street Improvement Project (Phase 1 )- Resolution No. 00 - COUNCIL AGENDA—APRIL 25, 2000 - PAGE 2 • 4.3 Local Contract Review Board a. Award of Fire Hydrant Replacement Contract to All-Ways Excavating b. Award Contract for Embedded Crosswalk Lighting System on 121' Avenue at Katherine and Lynn Streets to EC (Electric Construction) Company, Inc. c. Award Contract for the Construction if 118t Court Storm Drainage to Kasey Cooper Excavation, Inc. • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 5. PUBLIC HEARING (LEGISLATIVE) — ZONE ORDINANCE AMENDMENT TO ALLOW DAYCARE USES IN INDUSTRIAL ZONES (ZOA) 1999-0003 The applicant is proposing a Zone Ordinance Amendment to change the City of Tigard Community Development Code to allow daycare uses outright or conditionally in all industrial-zoned properties. LOCATION: All Industrial Zones, Citywide. ZONES: Light Industrial, I-L; Industrial Park, I-P; and Heavy Industrial, I-H. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 5 and 12.3; The Metro 2040 Plan; and Statewide Planning Goals 2 and 9. a. Continue Public Hearing from April 11, 2000 b. Declarations or Challenges c. Staff Report: Community Development Department d. Public Testimony: Proponents/Opponents e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Resolution No. 00- 6. CONSIDER ORDINANCE TO ESTABLISH A NEW FRANCHISE AGREEMENT FOR LOCAL TELEPHONE SERVICES TO BE PROVIDED BY NEXTLINK, OREGON, INC. a. Staff Report: Finance Department b. Council Comments/Questions c. Council Consideration: Ordinance No. 00- COUNCIL AGENDA—APRIL 25, 2000 - PAGE 3 • 7. PRESENTATION ON THE ANNEXATION OF BULL MOUNTAIN AND OTHER NON-ISLAND AREAS a. Staff Report: Community Development Department b. Council Comments/Questions 8. COUNCIL CONSIDERATION ON COMMUNITY/CULTURAL EVENT SPONSORSHIP FOR FISCAL YEAR 2000/01 a. Staff Report: Administration and Finance Departments b. Council Comments/Questions c. Council Decision: Council motion identifying which events shall be sponsored City of Tigard events and how much the City of Tigard will contribute for Fiscal Year 2000/01 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS • 11 . EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1 ) (d), (e), (f) at (h) to discuss labor relations, real property transactions, exempt public records, and current and -pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 12. ADJOURNMENT I:\ADM\CATHY\CCA\000425P.D OC COUNCIL AGENDA—APRIL 25, 2000 - PAGE 4 • 4 �yMrilyd! � i;\ CITY OF TIGARD FACT SHEET 13125 SW Hall Boulevard Tigard, OR 97223 Contact: Julia Powell Hajduk, (503) 639-4171 AGENDA: April 25, 2000 TOPIC: Zone Ordinance Amendment to allow daycare.uses in Industrial Zones BACKGROUND: This meeting is a continuation of the Public Hearing opened April 11, 2000. The Council voted to continue the public hearing until they had the opportunity to review the applicants submittal items which were inadvertently left out of the Council packet. The Planning Commission held a public hearing on the request on March 6, 2000. At that meeting, the Commission voted 5-2 to deny the requested amendment. The applicant has requested the amendment to allow daycare uses either conditionally or outright in all Industrial Zones. Staff reviewed the request along with the applicable City and State requirements and recommended denial. Several factors led staff to recommend denial, most importantly was that fact that there is a very limited amount of vacant industrial land remaining in the City and it should be preserved for uses that are industrial and can not locate in other zones within the City. COST: N/A • • AGENDA ITEM# FOR AGENDA OF April 25.2000 CITY OF TIGARD,OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Zone Ordinance Amendment(Z0A1999-00003)to allow daycare uses in Industrial Zones !� / PREPARED BY: Julia Hajduk DEPT HEAD OK / i lb . 4/ CITY MGR OK ISSUE BEFO ' THE COUNCIL Should the Council take the Planning Commission's recommendation to deny the requested Zone Ordinance Amendment to allow daycare uses in Industrial Zones? STAFF RECOMMENDATION Deny the requested Zone Ordinance Amendment. INFORMATION SUMMARY This meeting is a continuation of the Public Hearing opened April 11, 2000. The Council voted to continue the public hearing to receive testimony until they had the opportunity to review the applicant's submittal items which were inadvertently left out of the Council packet. The Planning Commission held a public hearing on the request on March 6, 2000. At that meeting, the Commission voted 5-2 to deny the requested amendment. The applicant has requested the amendment to allow daycare uses either conditionally or outright in all Industrial Zones. At the April 11, 2000 meeting the applicant testified that day cares should be permitted outright in the Light Industrial zones and conditionally in the Heavy Industrial zones. Staff reviewed the request along with the applicable City and State requirements and recommended denial. Several factors led staff to recommend denial, most importantly was that fact that there is a very limited amount of vacant Industrial land remaining in the City and it should be preserved for uses that are Industrial and can not locate in other zones within the City. The attached Planning Commission recommendation outlines the applicable criteria and issues. The two Planning Commissioners that voted against denial did so because they felt that the use was compatible with Industrial uses and should be permitted. The five Commissioners voting to deny the request felt that Industrial land was too limited to allow additional daycare uses. They also felt that the proposed request was more site specific than legislative and did not feel it was appropriate to change all Industrial zones for a specific site. Minutes of the March 6, 2000, Planning Commission Public Hearing are included in this packet. The applicant raised an issue related to the amount of time elapsed since the initial application was filed. The application was filed July 12, 1999. A letter explaining deficiencies in the application and deeming it incomplete was sent on August 11,1999, within the 30 day review period. The applicant resubmitted materials after a long delay and the application was deemed complete and processing began on January 19, 2000. The service standards for a code amendment is 3-4 months. Exhibits: A—Planning Commission Recommendation and Planning Commission Minutes B —Applicant's submittal materials C—Letters received before and during the hearing on April 11,2000 D—Map of vacant Industrial Land in the City of Tigard OTHER ALTERNATIVES CONSIDERED Approve the requested Zone Ordinance Amendment and direct that the appropriate ordinance language be drafted for Council review. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES N/A • • CITY OF TIGARD, OREGON RESOLUTION NO. 00- A RESOLUTION DENYING A REQUESTED ZONE ORDINANCE AMENDMENT(Z0A1999-00003) TO ALLOW DAYCARE USES IN INDUSTRIAL ZONES WHEREAS,the Planning Commission held a Public Hearing on March 6,2000 on the request and voted to recommend denial to the City Council in accordance with the signed Planning Commission recommendation, as attached(Exhibit A);and WHEREAS, the City Council opened a Public Hearing on the request on April 11, 2000 and heared testimony on April 25,2000; and WHEREAS, there is limited amount of Industrial land available for Industrial uses within the City of Tigard;and WHEREAS, the requested Zone Ordinance change has been reviewed for consistency with applicable City and State criteria; and WHEREAS, the City Council finds that approving this request would not be in the best interest of the City of Tigard. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The requested Zone Ordinance Amendement to allow daycare uses in Industural Zones . is denied. SECTION 2: The City Council hereby adopts"Exhibit A"as its findings. PASSED: This day of ,2000. Mayor- City of Tigard ATTEST: City Recorder- City of Tigard is\curpin\julia\zoa 1999-03RES2.doc 12-April-00/9:00 AM RESOLUTION NO. 00- Page lofl a • • • "EXHIBIT A" Agenda Item: Hearing Date: April 11.2000 Time: 7:30 PM tA s x tia e"cti r rr :� w I F:.IGARD,' I NNING COMMISSIONtW _ ,, � a 3 , :Arm �,r' 4 ; .=3;' s�'r.+. '.. •..� ,.,Z* «'w `vr �(iY OF TIGARD ,a4•0 1,&;....4.. = ' ECOMMENDA ON I Ia ' i —OUNCI[ .. .•: 1,4t a. �> 4W,a;k t*O "tam.. ;; tterCo m ru _ 0 • SECTION I. APPLICATION SUMMARY . CASE NAME: INDUSTRIAL ZONES AMENDMENT CASE NO.: Zone Ordinance Amendment (ZOA) ZOA1999-00003 PROPOSAL: The applicant is requesting approval of a zone ordinance amendment to allow daycare uses outright or conditionally in all industrial zoned properties. APPLICANT: John L. Brosy OWNER: N/A 161 High Street SE, Suite 204 Salem, OR 97301 COMPREHENSIVE PLAN DESIGNATION: Industrial. • LOCATION: All industrial zones citywide (I-L, I-P and I-H). APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380 and 18.390; Comprehensive Plan Policies 5 and 12.3; The Metro 2040 Plan; and Statewide Planning Goals 1, 2, 9, 12 and 14. SECTION II. PLANNING COMMISSION RECOMMENDATION The City of Tigard Planning Commission recommends DENIAL of the requested Zone Ordinance Amendment by the Tigard City Council. PLANNING COMMISSION'S RECOMMENDATION TO 11 TE CITY COUNCIL 4/11/2000 PUBLIC I TEARING 20A1990 00003 CODE AMENDMENT 10 ALLOW DAYCARE USES IN INDUSTRIAL.ZONES PAGE= 1 OF G • • • SECTION III. BACKGROUND INFORMATION • The applicant has proposed this zone change so his client can develop a daycare center on a parcel of land zoned Light Industrial. The parcel Is located in the vicinity of SW Bonita Road and SW 72ndAvenue. This Industrial area is referred to in this report and the applicant's statement as the southeastern industrial area. The.Industrial area near the - Washington Square Mall area is referred to as the northern Industrial area. SECTION IV. SUMMARY OF APPLICABLE CRITERIA - Chapter 18.380 states that legislative text amendments shall be undertaken by • means of a Type IV procedure, as governed by Section 18.390.060G. ' Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: • The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; • Any federal or state statutes or regulations found applicable; • Any applicable Metro regulations; • Any applicable Comprehensive Plan policies; and • Any applicable provisions of the City's implementing ordinances. Summary and Applicability of Statewide Planning Goals Statewide Planning Goal I — Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. Notice was mailed to all property owners of Industrial Land and notice was published in the Tigard Times prior to the hearing. In addition, after the hearing before the Planning Commission, additional notice will be mailed and published prior to the City Council Hearing. Two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Statewide Planning Goal 2- Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals- The Development Code implements the Comprehensive Plan. The Development Code establishes a process and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. PLANNING COMMISSION'S PECONIMI,NDAI ION TO II IE CI IY COUNCIL 4/11/2000 I'IJill-IC I11 ANIIJG ZOA1900-00003 CODE AMEIJDMEN1 10 ALLOW DAYCAIII_USES IN INDUS1121AI.ZONES PAGE 2 O(-Ci •, • • Statewide:Planning Goal 9—Economic Development: The purpose of goal 9 is to provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare and prosperity of Oregon's citizens. This is accomplished in part by requiring Comprehensive Plans to provide an adequate supply of sites of suitable size, location, etc for Industrial and Commercial uses and to limit uses on or near sites zoned for specific industrial and commercial uses to those which are compatible with proposed uses. • Statewide Planning Goal.12 - Transportation:. This goal is intended to provide and encourage a safe, convenient and economic. transportation system.. This goal outlines how the transportation plans should be prepared and implemented. The applicant has cited this as a relevant goal because he believes that the permitting of daycare uses in Industrial zones will reduce vehicle miles traveled by allowing parents closer access to their children. Statewide Planning Goal 14— Urbanization: . This goal outlines the process in which lands suitable for development are included in the Urban Growth Boundary. This goal requires consideration of, among other things, the maximum efficiency of land uses within and on the fringe of the existing urban area, orderly and economic provision of public facilities and services and the compatibility of the proposed urban uses with nearby agricultural activities. This goal has been addressed with the adoption of the City's Comprehensive Plan. The Comprehensive Plan includes locational criteria for the various land uses. The locational criteria are discussed further in this report. Summary and Applicability of Comprehensive Plan Standards Comprehensive Plan Policy 5 (Economy): This section of the Comprehensive Plan addresses Goal 9 of the Statewide Planning Goals. After thorough analysis of the economic conditions, the findings in the Comprehensive Plan conclude that "...The City continues to experience thriving commercial and industrial growth; A core problem facing the City is lack of buildable land • designated for industrial use; and The City's large industrial parks provide an ample supply of leasable space for smaller and younger industries." Comprehensive Plan Policy 12.3 (Locational Criteria): This section of the Comprehensive Plan identifies the locational criteria for industrial uses. The intent of the Industrial land use designation is to provide for the designation of suitable lands for industrial use, provide for economic growth and development, protect existing and potential lands suitable for industrial development from encroachment by non-industrial or incompatible uses; provide land for industrial use by type to minimize the impact on surrounding development; and take advantage of existing transportation facilities. PLANNING COMMISSION'S RECOMMI_NDAI'ION 10 11 I CITY COUNCIL 4/11/2000 PUBLIC I IEARING ZOA1909 00003 CODE AMENOMEN1 10 ALLOW DAYCANE U51 IN INDUS 1121AL ZONES I'AGI::1 01'Ei The Comprehensive Plan states: "Heavy Industrial Lands are areas intended to provide for manufacturing, processing and assembling activities. Uses within this:classification are characterized by large buildings and large storage areas and having associated external effects such as smoke, noise, odor or visual pollution. Light Industrial Lands are areas intended to provide for manufacturing, processing, assembling and related office activities. Uses within this classification are of a size and scale which makes them generally compatible with other non-industrial uses and which have no off-site effects." • SECTION V. SUMMARY OF FACTS There are no applicable federal or state regulations that need to be considered in this request. There are no Metro regulations that need to be considered in this request. The Tigard Development Code Section 18.390 outlines the process for reviewing a Development Code Text Amendments and 18.530 identifies the uses allowed in the Industrial zones. Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The uses permitted in the industrial zones are in compliance with the locational criteria of the Comprehensive Plan. . The applicant contends.that daycare uses are compatible with Industrial uses because the employees would have a daycare location close to work, thus limiting excessive traffic and making these areas more attractive to employees with young children. The applicant has provided an analysis showing that several neighboring Cities have provisions that allow daycare in Industrial zones outright or with restrictions. In Tigard daycare is permitted in every commercial zone, with limitations in residential zones, and permitted in up to 20% of the development area of a specific development in all Industrial Park zones. Industrial Park zones are the largest industrial zone in the City and currently has approximately 64 acres of vacant land. The Light Industrial zone has approximately 84 acres of vacant land, and there is no vacant Heavy Industrial land available. The vacant land takes into account development restrictions due to increasing regulation to protect streams, wetlands and fish and many of the Industrially zoned lots adjacent to the floodplain and wetlands. Assuming the 64 vacant acres zoned I-P are able to be developed, this leaves 12.8 acres that could potentially be used for daycare uses if associated with an industrial development (as permitted in the I-P zone.). There appears to be a significant demand for industrial land in the City, as evidenced in 8 applications for new construction or expansion in industrial zones in 1999, equating to approximately 35 acres of land. In addition, There are 3 applications for development in. industrial zones under review so far in 2000. STAFF REPORT 10 TIlE ETANNING COMMISSION 2/23/20001'11111_1C IfCARING ZOA 1999-00003 CODE'Afv1ENUMIENT TO AI 1-OW DAYCARE USES IN INDUS T RTAI_ZONES PAGE,1 OF 6 • The applicant has requested that the use be allowed either outright or conditionally, however they have not proposed what parameters a conditional use for-a daycare in an industrial zone should be reviewed under. The City could not process a conditional use. application for a daycare in an industrial zone without ordinance language establishing review criteria. • • The applicant_ states that, by allowing daycare in industrial areas, auto vehicle miles traveled will be reduced. The applicant has provided information on daycare as follows: They tend to occupy less than one acre. Because of the desire to be near places of employment, the use is complimentary. They state that based on the distribution of ' daycare centers in other cities, only 2 or 3 new businesses would be expected to locate in the southeast industrial area if the Code were amended. Typical sizes are 7,000-10,000 square feet with 2,000-3,000 square foot playgrounds and 15-25 parking spaces. SECTION VI. STAFF ANALYSIS The staff recommendation is .based on several factors. First and foremost, staff is assuming that the Planners, citizens and City Council members that worked on the original Comprehensive Plan and Tigard Development Code, as well as subsequent updates, had a purpose for allowing and disallowing the uses they did in each zone. Notwithstanding that, it is also accepted that omissions are made in use classifications and amendments may be needed to allow uses that should have been included in a particular zone. In this case, however, the daycare use is permitted in the Industrial Park zone as long as it does not exceed 20% of the development site. Staff agrees, and the fact that daycare and other compatible uses are allowed with some size limitations acknowledges, that this use can be compatible with industrial uses. Just because there is not currently a large amount of daycare centers in the vicinity does not mean the City should change all Industrial zones to allow daycare outright, especially since, as inventoried, industrial land is in short supply in the City. The I-P zone has the largest supply of vacant land. In addition, while staff agrees that daycare centers close to the job site may be in the best interest of the parent, child, employer, and environment, it is not agreed that it is compatible with all industrial uses nor should it be permitted outright in all industrial zones.. The summary of other neighbor cities restrictions (conditional uses, location restrictions, and zones in which daycares are not allowed) confirms that they too, do not feel that all industrial areas are suitable for daycare uses. The I-P zone is a light industrial/office zone that is really most suitable for this type of complimentary use. The applicant has not proposed conditional use language for staff to consider supporting allowing this use conditionally in all zones. Pl ANNING COMMISSION'S RECOMMENDATION 10 111E CI l Y COUNCIL 4/11/2000 PUIILIC HEARING 70A1999 00003 CODE AMENDMENT 10 ALLOW DAYCARE USES III INDUS 1 RIAL 7.ONES PAGE 5 OF 6 • Staff Recommendation: Because of the limited amount of available vacant industrial land and because the use is already allowed within limitation in the l-P zone, staff is recommending that the requested Code change not be approved and the Code remain as is. Other possible considerations Amend the Code the allow the daycare use.outright in I-P zones instead of being limited to 20%. A problem with.this is that it would still use limited Industrial land for a use that is . not industrial. A Conditional Use process would not provide for disapproving a daycare facility in an industrial zone, it would just set standards that would have to be met in order to be approved. • SECTION VII. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS City of Tigard Long Range Planning Division has reviewed this proposal and that there is very little vacant industrial'land left in the City. Why is daycare anymore a necessary service than say, a 7-11, a dry cleaners or any other use for the convenience of • employees? DLCD, The Oregon Department of Transportation, and Metro Land use and Planning Growth Management have all had an opportunity to review this proposal and have offered no comments or objections to the proposed zone change. RECOMMENDATION TO CITY COUNCIL PASSED: This 6th day of March. 2000 by the Planning Commission of the City of Tigard,Oregon. (Signature Box Below) • 40- • Nick Wilson, President City of Tigard Planning Commission • is\curpin\julia\zoa 1999-00003rec-doc PLANNING COMMISSION'S RECOMMENDA1 ION TO TI IE CI 1Y COUNCIL • 4/I 1/1000I'UIII_IC I1EARING L_OA19991000:i CODE AMI NDMENI 10 ALLOW DAYCAINE USES IN INDUS rRIA)_ZONES IAG[U 00 G . • CITY OF TIGARD PLANNING COMMISSION • Regular Meeting Minutes March 6, 2000 1. CALL TO ORDER President Wilson called the meeting to order at 7:30 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd: 2. ROLL CALL Commissioners Present: President Wilson; Commissioners Anderson, Griffith, Olsen, Padgett, Scolar, and Topp Commissioners Absent: Commissioners Incalcaterra and Mores Staff Present: Dick Bewersdorff, Planning Manager; Julia Hajduk, Associate Planner; Jerree Gaynor, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS The commissioners were reminded of their next TSP task force meeting on March 20th and were given copies of the TSP preliminary draft. 4. APPROVE MEETING MINUTES Commissioner Padgett moved and Commissioner Olsen seconded'the motion to approve the February 7, 2000, meeting minutes as submitted. A voice vote was taken and the motion passed by a vote of 5-0. Commissioners Griffith and Scolar abstained. 5. PUBLIC HEARING 5.1 ZONE ORDINANCE AMENDMENT (ZOA)-1999-00003 — CODE AMENDMENT TO ALLOW DAYCARE CENTERS IN ALL INDUSTRIAL ZONES The applicant is proposing a Zone Ordinance Amendment to change the City of Tigard Community Development Code to allow daycare uses outright or conditionally in all Industrial zoned properties. LOCATION: All Industrial Zones Citywide. ZONES: Light Industrial, I-L; Industrial Park, I=P; and Heavy Industrial, I-H. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Polices 5 and 12.3; The Metro 2040 Plan; and Statewide Planning Goals 2 and 9. STAFF REPORT Julia Hajduk presented the staff report on behalf of the City. To clarify the acreage figures reported in the Summary of Facts, she submitted a map which takes into account development restrictions due to flood plain and wetland areas that were not shown in the PLANNING COMMISSION MI:N'I1NG MIN(/INS --March 6,200(1 - Page I • • • area; therefore, if they were allowed, only a small number of daycare facilities would be added. This is a small, efficient, and complimentary use for an industrial area. Mr. Brosy elaborated on the positive effects of allowing daycares, using the Fred Meyer Corporate Center in Portland as an example. He said the applicant would like to see this use allowed outright in the IP and IL zones and as a conditional use in the IH zone. • Commissioner Olsen asked how many children are in a daycare facility on average. Mr. Brosy said that Mr. Blackwell could answer that question. Mr. Brosy's information is only about the average size of 35,000.to 40,000 square feet for a typical daycare facility. • PUBLIC TESTIMONY-IN FAVOR Jim Blackwell, 2838 SW Orchard Hill, Lake Oswego, OR 97035, is the owner of the Wilsonville and Durham Learning Tree daycare facilities. This application results from his approach.to an industrial landowner about building a daycare facility, due to the waiting list and demand in his current facilities. His and other facilities in the area are in very high demand. Their experience is that people want daycare close to where they work. He has been looking for a new location for three,years and this is the first site he has found that combines proximity to both employers and residential areas, ease of access, and a school appearance with a good presentation to parents. Facilities that are built inside industrial improvements have not been successful because they were not intended to be used by both the employees of the area.as well as local residents; a freestanding building that is not part of an industrial improvement is best. The site he is interested in meets these criteria and there are no other daycare facilities in the area. Daycare nearby is also an advantage to employers and. has become a consideration as an employee benefit and a way to recruit new employees because it has become a high priority to employees. A . daycare facility adds value to the development of surrounding businesses and their employees. In response to Commissioner Olsen's earlier question, the number of children enrolled in a daycare is determined by the square footage and set forth by the State of Oregon. The facility he is looking at would have 100 children, which is average for the area. Commissioner Olsen inquired about the hours of operation and parking requirements. Mr. Blackwell responded that it changes by location. Typically it is 6:30 a.m. to 6:15.p.m. His Durham facility, with 100 children, has 20 parking spots and in four years the parking lot has never been full. Commissioner Topp asked what the typical distance is between facilities. He pointed out that if the Durham facility has a waiting list, another facility could simply be built nearby. Mr. Blackwell said it is about five miles or less. An operation cannot become too large because of the level of operational efficiency and because parents prefer a small school to a larger one. Commissioner Topp posed a question to staff about internal daycare (within an individual company) being considered the same as commercial daycare and included in the 20% allowed for non-industrial uses. Ms. Hajduk said that is correct. The Code does not I'I.ANNING COMMISSION MI:I:IING MINU I I:S--March 6,2000--I'agc 3 • rate, the amount of services used (for instance, police and street maintenance) is generally much lower in ratio than for residential areas. • Commissioner Anderson asked if a conditional use request could be made by this applicant. MS. Hajduk responded that sufficient conditional use language has not been • proposed and therefore staff was not in a position to make that recommendation. Dick Bewersdorff commented that the applicant could make that proposal, but he feels there is no longer value in the conditional use process in Tigard, and that such a proposal would not do any good, it would only be an exercise in bureaucracy. Mr. Brosy said this proposal would not be made if there were commercial alternatives for a location in the large southeast industrial area. He briefly discussed his understanding of the need to protect industrial land, the lack of commercial alternatives in the area, and the value of this sproposal to the area. PUBLIC TESTIMONY - None PUBLIC HEARING CLOSED Commissioner Topp said he was concerned that existing industry cannot have in-house daycare considered exclusive of the 20% limit. He believes a business should be able to have internal daycare because it is not a commercial use, and he would like to see if that can be remedied. However, he is only in favor of allowing commercial daycare if there is a restriction on the proximity of facilities to each other and on a facility's site being no more than one acre, thereby limiting the number that can be developed in the area. Commissioner Scolar feels that daycare would be a complimentary use and would make the area more attractive to businesses that may want to locate there. Commissioner Padgett said he agrees with the staff recommendation because this is a legislative hearing and is not meant to be project specific. There has been no request for this use from citizens or industrial area business owners. While he agrees that a business should be able to have internal daycare, he does not believe commercial daycare facilities should be allowed on the limited amount of land available for industrial development. There has been no evidence that companies are not building in the area or that people will not work in the area because there is no daycare. However, he would support some sort of measure allowing companies in all industrial zones to operate an in-house daycare for employees. Commissioner Olsen thinks daycare is a complimentary use and would benefit parents and families. Building a facility is a major investment and a prudent businessperson would not build a new facility in close proximity to an existing one, so the density would be self- regulating. He is in favor of this request. • PLANNING COMMISSION MI;I:'I'ING MINUIIS--March 6,2000—Page 5 7. ADJOURNMENT The meeting adjourned at 8:35. • Jerree Gaynor, Planning Commission Secretary ATTEST: President Nick Wilson PLANNING CON1MISSION Iv11.1."I INC; MINA I'I'S March 6,?000 - Page 7 .c. -�� '�::7:':,.iv::=h��=+''�'ti:..:.y •<� - ..t%:c ,::ajc�t :-'ii.`.-::`:�.t;^:-�..��� �:�: ;xp.. ..tiY;z<:f,.it _ �-'-D• r c �i: 5 � �•�v_:fi.~±�.� ,3`. � .Y,�,<::�.% � ,��< a.s'p;� (�`•6•K�S7 yy,:.��' •} - � ��r�`+ �� s sf-. ��L�..�d� ..iZ.',5, ., `_+F�.`;':_;`` is Yi 4. ;t1'ri7.'... 9 v 'K:1•' 'u' " PVC $ -,S r;-r;•iryi:::W ,a+"r"+F.•°�::, y+4.. ±.s -,4C-h ii..G ..''.:. S' !„t`:, K. 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Legisiative;Code Amendment Request Re::Day Care Centers in.Industrial Zones,__;'..';•,:: ‘-r:' ': The le islative:code:chan a proposal-'to-''allow:da :care.:centers es •zo � ' c : t as outr h :br caon d tional; s;•:.,_ : ':: . 'uses n-industrial nes inthe CityoTigard'• onorms J°q pertineCit;oTgr Com cen e Plan,`and'Satewde Pla nni ng boa 1s::t n 1 he f lowin g,..wa y.s; , `:=:!.._: - ': -Ti a r d Co mP rehensivePlan , _ • -• . Volume-II;of the City of Tigard Comprehensive Plan entitled:"Findings,.'Policies& , Implementation Strategies, is a decision-making consideration under TMC 18.390.060(G). That document includes Section 12.3, Locational Criteria/Industrial. Please note that - Section_.11, Special Areas of Concern does not include any policies or strategies that would be affected by the proposed code.change. Implementation item 3 under. 12.3, Industrial, states: 'Protect existing and potential. . ' lands suitable for industrial development from encroachment by non-industrial or incompatible uses." Our application explains that the average'conimercial day care center only occupies less than one acre,and because of the desire to have day care facilities near . places of employment, such land uses are complimentary to,industrial areas and should be seen as supporting the viability of the large, existing industrial areas in Tigard by making those industrial areas more attractive to employees with young children. Many parents of ' very young children visit those children during the work day, so proximity of day care to employment centers reduces vehicle trip miles. The application material already submitted indicated that the average day care center business occupies less than one acre. They do not pose a significant threat to the supply of industrial land. Please refer to the City of Tigard zoning map. Other than the large amount of I-P, I-H and I-L zoned lands as shown on the City zoning map (portion) included in the . application, there is only one other area of industrial zoning in the entire city limits of Tigard. This is the smaller area running along the SPRR tracks and Tigard Avenue northwest of Hwy. 99, and including the Koll Business Center on the Tigard side of Scholls Ferry Road and the area extending to south of Hwy. 217 and west of Greenburg Road. . Distribution of day care centers in other cities suggest that if the code is amended, the City of Tigard may ultimately expect, at the most, only two or three new day care businesses in the southeast industrial area as shown on the map included in the code amendment • request. • rzy t,---.'r.• Cx F :i' :v+.<s%�€ •i 4:.,. °:Y.:. - �,,- a-: : iY.W.,i-, ., J :G: •1)., .J ':}_ vY fY i< .' ,�_. - , ,\.; ...W.i,ti via• -' .r b_'•V.,5K r; �x- ,_;,: = ,r f. s�i}:�:•ES.:,r"R'.' r'.. �'uF >'of.''i i.;.yr ti :� ...1.:.. -�:. 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'':rs�_:; ..}:,P.':^.-'4 •-•�,vS.•.4.-C.� `,?. c�^ .r, Yt'..• #. �'•i�,:4 ,a ..-J' ...1F t;,_•f�:n•�'ri.,y?`.: .i ..k• '''- -1:4'` �,�y •Y. y c Y Y'y'4:�:s;,,a=i'•:.. .:1t�. _.7 _ � ^:_�'. -'>i 2.:•vw�; •>A.:.�!r.h;..�•,.4�'�i•. .:�=' � '�:;k:'�•«?tacv:.c:^��'l��` '4 5. , '.:;,!.'.'::7;;' ;"f` ri•. ` 9 9 _ .' : , - .tit ����°Su 1metit�tcZOA 9-403,��:;�� •;:; . � ,: �t-`.f t: -- S :- : , S , el= . - Y. y`• `.t,- "e° - - - - - e f g 3 - f'-" Ru es`' OAR ct-de * 'iii �i'atve 1 u �driu st `i ii'.''O • ��. �at o 'r�its �ort r a tewde ''�ioa �' � ) .�Sta � g.. - ,:� - - .P. - Ru_ tel: T •"R .i . i "ri�i�la` n' 'i=f�"t o -fi`:'�..,•r :o iii - niu a •Urfa o P a �,an �..) division-0.12. .rain t �� �.a. .g_" _ (_ ��fir' •e'tenee`o "u ose�s ectio `'wide�^.latitir '�oa1.12. �;Clie st's n htct�.implements.:Stato � g,_ P."aP' A1z 660-o 12-0000)-1 : - -�_' heTP O - �o ft R�• ::'': •' ::-.The purpgse:o�f-thr_s dni isioti;rs:to'iniplenient;$latek,rde,Platir,�irrg`Go�al:72.. , ,,, : ; _ _ e'the.4.evelo iiient o sa a':.convenient nd ecotionuc '. - .-, : ... -.:-(T i•ar�sportatiof�),g,id promos p -f. f, iiafispoi-tatioti systems:that'are designed'to redrice.reliance on:te'automobile'so.that.the : :` ':` air pollrtion,r`traffic and other livability problems faced by.iirbaiiareas-in.other parts of -." the country night:be avoided....., : , .• •• Later in the same paragraph,'the Purpose statement continues: -' - - • : "This portion of the rule aims to iinprove;the livability of.urban areas by promoting.” - .. . changes in land use patterns-and the transportation system:that-make it.more;convenient - for people to i+alk,'bicycle and use transit, and drive less',to meet.their•daily needs. " " ' :" . ' Changing laird use'and travel patterns-will also complement state and local efforts to • " - meet other objectives, iiichidiiig containing Urban development; reducing the cost of " • •- public services,pi•otectiiig faint:and forest-land.reducing:air, water and"noise pollution, - conserving energy and reducing emissions of greenhouse gases that contribute to global climate change....",. . •• . • . . (emphasis.added) One important decision-making factor"for parents choosing day cares is proximity to place of work. Allowing day cares as outright Or conditional uses iii Tigard industrial zones that . . • are significantly large concentrations of employment will compliment the purposes of the - industrial zones in the City and-will enable people to drive less vehicle miles and therefore • reduce air pollution, conserve energy and reduce emissions:.-This effect is particularly evident for parents of very young children in day cares, as previously stated"in.this application. . , The TPR requires Metro and the City of Tigard to adopt Transportation System Plans - (TSP's). One measurable objective of the TSP for Metro (of which Tigard is a part) is a • . 10% reduction in automobile vehicle miles traveled (VMT) per capita for the Metro area within 20 years of adoption of a (TSP) plan. 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':;f;. +::.�.•Zi. .�,,: ,eti',�. !a.e.�..,_:,E��t' .t. +9r.{=` .-?�.; HN .,:4: ":t. �`l p •'\' '1+' �+1' �+:ti� L...,: t�. •' .tv.''9•+ .7v'- :Lr..bntj'.i'i.::5 -f:..._ '�';•:i'^ .1',:;3`S:';,;:,-7',1,„/,. c q .v.a r^' 'tr' ql a'; - Sa e�'� R�. v �l' e• `ervices 1,, ..t i .ard'De a o� m rt S ':Land•i' . g .. p � ':(503)316-1842":.: July 12, 1999 IVlark Roberts '. '. Associate Planner • ... City of Tigard • - 13125.SW Hall Blvd. ..: , -: : -.. . - ''Tigard, OR 97223 - - - Re: Legislative-Code Amendment Request Regarding Day Care Centers in Industrial Zones Dear Mr. Roberts: The following information supports a request to amend the City of Tigard Zoning Code, to allow child day care centers as outright or conditional uses in the City's three industrial zones (I-P, I-L and I-H). These commercial day centers, known by such business names in the southwest metropolitan area as Kindercare, Learning Tree and Tutor Time, are allowed in industrial zones in surrounding jurisdictions, which recognize that child care centers have an important reason to be located near places of industrial employment. Despite the common practice of other, bordering cities, Tigard remains the only City that does not allow such uses in their three I-zones. Description of Use Type In the Tigard Code, these uses are defined as "Institutional Day Care," which is a day care facility operated for 13 or more children [Chapter 18.130, Use Classifications, Section 18.130.020(A)(5)(c). Other neighboring cities call them Child Care Facilities (Beaverton), Child Day Care Center(Tualatin), Day Care Facility (Washington County) or Daycare(Portland). These kind of day care centers typically occupy a building of approximately 7,000-10,000 square feet with a 2,000-3,000 sq. ft. playground, approximately 15-25 parking spaces, on a total parcel size of 32,000 sq. ft. to 38,000 sq. ft. In other cities, these uses are very often located on collector or arterial streets in both industrial and commercial zones. One important locational factor is that many parents spend part of their lunch hour or other part of the work day visiting their child, so proximity to place of work is important to parents. Overall trip miles are reduced when the center is located near the place of work. Close proximity to parents' work place is an important locational factor in the child care center business. • i • • • • Mark Roberts • July 12, 1999 Page 2 Day Care Centers in Industrial Zones of Neighboring Cities • The zoning codes of the four major cities (not including Durham or King City) which • abut the City of Tigard were compared, as they relate to day care centers in industrial • zones. Those four cities are Portland, Beaverton,Tualatin and Lake Oswego. Portland In the City of Portland, these uses are called "Daycare." As such, they are allowed as outright uses in Portland's EG1 (General Employment 1), EG2(General Employment 2), and EX (Central Employment) zones. They are permitted as conditional uses in that city's IGl (General Industrial 1), IG2 (General Industrial 2), and IH(Heavy Industrial) zones. Daycare uses which are 3,000 sq. ft. or less in floor area do not require conditional uses in the IG1, IG2 or IH zones. The conditional use approval criteria in the City of Portland's industrial zones for Daycare - uses are intended to promote preservation of land for industry while allowing other (daycare) uses when they are supportive of the industrial area or not detrimental to the. character of the industrial area. The approval criteria are (33.815.125): A. The proposed use will not have significant adverse effects on nearby industrial firms; B. The transportation system is capable of safely supporting the proposed use in addition to the existing uses in the area. Evaluation factors include street capacity and level of • service, access to arterials, transit availability, on-street parking impacts, lot access requirements neighborhood impacts, and pedestrian safety; • C. The proposed use will not significantly alter the overall industrial character of the area, based on the existing proportion of industrial and non-industrial uses and the effects of incremental changes; D. The proposed use needs to be located in the industrial area or building because industrial firms or their employees constitute the primary market of the proposed use; and E. City-designated scenic resources are preserved. • • Mark Roberts July 12, 1999 Page 3 Beaverton The City of Beaverton defines nursery, day or child care facility as providing care for compensation for seven or more children (*on Matrix) during a 24-hour period. As such, they are permitted as outright uses in Beaverton's IP, Industrial Park and LI, Light Industrial zones. [20.15.10(A)(17) and 20.15.15(A)(19)]. In the CI, Campus Industrial zone, they are permitted so long as they are use no greater than 60%of the land area in a "development control area." These are the only three industrial zones in the City of Beaverton (**on Matrix). In Beaverton's code section 60.40.25, there are special requirements for these facilities, wherever they are located. The outdoor play area must have a minimum of 100 sq. ft. of play area for every 1/3 of the total licensed capacity of children. The play area has fencing requirements. Facilities licenses for 40 or more children may be required to have a driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading children. Tualatin The City of Tualatin describes this same use as a Child Day Care Center(zoning code page 31-6, definitions). These uses are allowed outright in all three of that city's industrial zones. Those zones are ML, Light Manufacturing, MG, General Manufacturing and MP, Manufacturing Park. The only stipulation is that in the MP and ML zones, exterior walls and outdoor play areas shall be a minimum of 400 feet from the exterior wall and pump islands of any automobile service station, irrespective of any • structures in between (***on Matrix). Lake Oswego The City of Lake Oswego does not.define the size and kind of day care centers that are part of this city code comparison. Lake Oswego only defines facilities that regularly accommodate 12 or fewer children. All other day care facilities are considered in the broad category of "institutional uses." Lake Oswego has very little industrial zoning as a percentage of total city area. They have two industrial zones. These are called Industrial (I) and Industrial Park (IP). Institutional uses are not permitted as outright or conditional uses in these two zones. • • • Mark Roberts July 9, 1999 Page 4 Other Cities • Two other cities are added to the comparison. Because of the large size(by Oregon standards), these cities have several similar facilities. Salem The City of Salem defines Child Day Care Center as a facility which provides child care or kindergarten for 13 or more children. Salem has four industrial zone classifications. They are called Industrial Business Campus (IBC), Industrial Park(IP), General Industrial (IG), and Intensive Industrial (II). That City allows Child Day Care Centers as outright (permitted) uses in all four industrial zones. • Salem also has a "hybrid" zone called Industrial Commercial, which allows a mixture of different uses. Child Day Care Centers are not allowed as outright or conditional uses in that particular zone. Gresham Child Care Facilities are regulated by the City of Gresham as "Community Services" in Article VIII, "Special Uses" (8.0100) of their Land Development Code. Gresham has three industrial zones. They are called Business Park (BP), Light Industrial (LI) and Heavy Industrial (HI). Child care facilities for 13 or more children are allowed in all three industrial zones through that city's Type III, Community Services approval process. This Type III process is'essentially a conditional use, but is heard by Gresham's Planning Commission rather than their Land Use Hearings Officer. Day Care Centers as Land Users It is recognized that the City of Tigard no longer has a large supply of vacant or under- utilized land zoned for industrial uses. This is locally important from a tax base standpoint. The general understanding is that residentially zoned land demands more services than it generates in property taxes, and commercial and industrial land demands Mark Roberts July 12, 1999 Page5 • less services than are generated in property taxes for those businesses. However, the familiar child day care centers such as Kindercare, Learning Tree, and Tutor Time typically occupy sites of less than one acre in size. As private businesses, they pay property taxes just like industrial businesses. The improvement component of a property's assessed valuation is dependent upon building cost and value. Since the typical day care center building is commercial grade construction and details, these businesses often pay more in property taxes on their real property improvements than many industrial-uses now allowed in Tigard's three industrial zones. Children day care center uses are seen by almost all cities in the metropolitan region as supportive of industrial areas. Typically the sites used by children day care centers are efficiently used, because of high land values and the competitive nature of the child care business. • Compatibility Issues Compatibility between children day care centers and other industrial uses, when the centers are allowed to locate in industrial zones, is handled extremely well by the competition of the private business sector. A center that is located near another use, whether it is incompatible or only perceived as incompatible, will not succeed in the marketplace which has other child care location options for parents. This situation is so obvious to those business owners that there are no examples of these kind of incompatible land uses in the southwest Portland metropolitan area. This is not because of zoning codes, because as the survey of other city code shows, day care centers are usually allowed in industrial zones. There are no incompatibility issues because of practical business decisions of day care center owners. In industrial parks where there may be many business leases with one land owner, there is an additional protection against incompatible uses, exercised by the property owner to protect his/her existing tenants. • • • Mark Roberts April July9, 1999 Page 6 • Effect of Excluding Day Care Facilities in Tigard's Industrial Zones Southeastern Tigard is where the majority of industrial land is located in the City of Tigard. In particular, the land bounded by I-5, Highway 217, Fanno Creek and the southern City limits of Tigard is dominated by I-L, I-P and I-H zones. Very little vacant land of any kind in this area has any other zone. The City of Tigard now does not allow children day care centers as outright or conditional uses in any of these three zones. This is despite the fact that a very large population of persons employed in that area use day care facilities for their children. The most significant industrial area of the City of Tigard is not and cannot be supported by even one day care use, because of the restrictions now found in the City Code. Because of the limited vacant land in Tigard, the practical effect of changing the zoning code text will probably be the location of one or possibly two new day care businesses in the large industrial area previously described. It should be noted that The City of Tigard recently completed a rezoning of the"Tigard Triangle" area which is on the north edge of the enclosed zoning map. The"Mixed Use Employment" (MUE) zone used in the Triangle does allow commercial day care centers. However, this does not solve the problem in the southeast industrial area because in fact the Triangle area is across the freeway and fairly distant from a travel-time standpoint, from much of the industrial lands in this part of the City. The MUE designation helps, but it does not solve the siting problem for the large majority of the southeast industrial area. One effect of the peculiarity of the Tigard code as it relates to commercial day cares is that the closest day care to this area, which is located near the City limits of Tigard in the City of Durham, has a very high demand. Because of facility capacity and government requirements concerning staffing ratios and classroom space, that business cannot keep up with demand and a long waiting list must be used. That business is the Learning Tree Day School at 18115 SW Lower Boones Ferry Road,just outside the City of Tigard and south of the zoning map enclosed. According to that school's records, as of June 11, 1999, their waiting list numbered 52. The waiting list is updated regularly. Demand generally is greatest at the beginning of the school year. That school's good reputation has helped create the large waiting list, but the lack of other commercial day cares to the north in the industrial pad of the Tigard also is believed to create this situation. • • • Mark Roberts July 12, 1999 Pagel At the City's suggestion,the issue of scarcity of industrial land in Tigard was further researched. The technical memo from Metro titled Nonresidential Refill(Redevelopment and Infill) of April 12, 1999 was reviewed. Among other topics, this report describes the likely results of scarcity of industrial land supply. The memo had limited usefulness to individual jurisdictions. Industrial inventories are inherently subjective because when a property is underutilized from the standpoint of the current allowed zoning, it is sometimes counted as occupied and sometimes not. For example, a rental house that is located in an industrial zone may be counted as occupied land, but it clearly is land available for redevelopment by a higher value industrial use. The fact that Tigard has a small amount of vacant industrial land does not in itself reduce the importance of allowing commercial day cares as allowable uses in industrial zones. Their overall use "footprint" is relatively very small compared to other industrial uses(as described earlier in this letter), and their function actually supports the industrial districts by providing day care opportunities close to parent's employment. Conclusion The City of Tigard, recognizing that children day care centers are supportive of industrial areas, should amend its zoning code to allow such uses as outright uses in Tigard's I-L, I-H and I-P zones. Sincerely, dev 1 .- Jol L. Brosy, AICP c: Jack Steiger Jim Blackwell encl: Comparison Matrix City of Tigard Zoning Map (portion) • . Comparison: • Day Care Centers* In Industrial Zones • See text for *'s Zone City and Zone Abbreviation Allowed Outright Conditional Uses PORTLAND: General Employment EGI X General Employment EG2 X Central Employment EX X • General Industrial IGI X • General Industrial • IG2 X Heavy Industrial IH X • BEAVERTON: Industrial Park IP X • Light Industrial • LI X Campus Industrial CI X** TUALATIN: Light Manufacturing ML X General Manufacturing MG X Manufacturing Park MP X*** LAKE OSWEGO: Industrial I (Not specifically defined. General category of Industrial Park IP "Institutional Uses" not allowed in I or IP zones SALEM: Industrial Business Campus IBC X . Industrial Park IP • X General Industrial IG X Intensive Industrial II X GRESHAM: Business Park BP X Light Industrial LI X Heavy Industrial HI X TIGARI): • Industrial Park I-P (Dap Care Centers are not allowed Light Industrial I-L in any of the three industrial zones as Heavy Industrial I-If outright or conditional uses in Tigard) aolArig111111111111111111 .---.--,---------•* ** 717,777; • ------.-- . • • . . '-'".'11. “1.Naillialallalla • '• •......1,“ ...: :,:•!••••- • • • '' ei, '•i.V. 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I . .. .,.. . „ , ,,_, __ ,,..- , — .;. ‘...,,„:..,),,i,.::,:„;70.?,4, :::::::3 " gq.„.:,-;:.:..Sk,"::::,■:!.:',.: f i .....,_, :, , ri. ___j i-. ... ... .. .‘. .., .......... , ,.,,. ,.. ,'I / • ■ 1 lt i ......,',...,...:.::::'.:::,• .' ..,::::•:,;. - ,,,i..,.:,,: 71 , i •- 1 .',•:?..:,::::::•,-2.:,;.:,-,...Y.,..,?;`:;, :.•7:.:-.4..1,1k,..4p;-:•i,.,1.4.7,..:-:(,...::::,,F,f-:, I I C1 I HI- '.,:-...:7.-•:,::'-•:',:::::......,,,...,,,,,..,„,...,,,,..„:_...., .,.. ...... ...... //I D U R 14A!V-I • EXHIBIT Issue Paper: Why Tigard needs to allow some Day Care in Industrial zoning Council Agenda Item: Tuesday April 12,2000 We respectfully request that the Tigard City Council reverse a Planning Committee decision to deny the location of adequate commercial Day Care services to meet the needs of the industrial workforce. We ask you to,make this modification to the Tigard Zoning Code text to allow commercial Day Care as permitted uses in the 1-L zone, and as conditional uses in the 1-H zone. • This is a quality of life issue, if childbearing age parents cannot get convenient day care; it diminishes the quality of life for these citizens. • Other local cities allow adequate Day Care in industrial areas, if we do not make these changes to the code, we will put our industries at a competitive disadvantage. (See Brosy letter to Mark Roberts, July 12, 1999) • These facilities, necessary to efficient industrial operation, take up less that one acre and can be located on smaller parcels, that are not suitable for large scale industrial developments sought after by major employers. Day care centers for industrial employees support the industrial base. • If no local Day Care is available, working parents must travel longer distances to these facilities causing: 1) Extra avoidable local trip miles; 2) Increased congestion at key traffic "choke points" causing more backups; 3) Extra stress on working parents who have a tough time in life anyway; 4) Loss of productive work time while working parents must fight traffic to oversee the needs of their children. • We believe this change in policy would optimize and make more efficient the use of industrial lands. We've thought hard about this issue. We'd like to discuss several alternatives that are practical, humane and in the best interests of the City of Tigard, workers and industry alike. We will be pleased to present these at the hearing on Tuesday. Thank You! John L. Brosy(503) 316-1842 Jim & Maise Blackwell(503) 620-9815 • • Tree Day Learnin g School Durham,18115 Lower Boones Ferry Road,Durham,OR 97224 620-9815 Wilsonville,29880 SW Town Center Loop West,Wilsonville,OR 97070 682-3647 FID#93-1130765 Business' that have signed letters supporting the building of a Day Care/Preschool in the industrial area of Tigard- Logic General 6713 SW Bonita Road Tigard, OR Verifone Finance 16100 SW 72nd Tigard, OR American Telephone Technology Precision Interconnect 16640 SW 72nd Tigard, OR The Stash Tea Company 9040 SW Burnham Tigard, OR Qualcomm • Renovate-it Construction 7445 SW Findlay Dr • Tigard, OR Home Depot 14800 SW Sequoia Parkway Tigard, OR • Office Depot • 15060 SW Sequoia Parkway Tigard, OR • Copelco Capital 13500 Fir Loop Tigard, OR • • We support the addition of a Day Care/Preschool to this area. We believe all of the people working in this area would benefit from the option of using a daycare/preschool conveniently located near our place of employment. We also believe that there would be no negative impact to the area or to Tigard in general and in fact the addition of a daycare/preschool to this area would greatly enhance its desirability as a place to work. Signed Title Company Date • • We support the addition of a Day Care/Preschool to this area. We believe all of the people working in this area would benefit from the option of using a daycare/preschool conveniently located near our y place of employment. We also believe that there would be no negative impact to the area or to Tigard in general and in fact the addition of a daycare/preschool to this area would greatly enhance its desirability as a place to work. Signed / Title Company Q : Date /,�� -G 2S a • • We support the addition of a Day Care/Preschool to this area. We believe all of the people working in this area would benefit from the option of using a daycare/preschool conveniently located near our place of employment. We also believe that there would be no negative impact to the area or to Tigard in general and in fact the addition of a daycare/preschool to this area would greatly enhance its desirability as a place to work. Signed ,./ 0 //"-11 Title . ,. PIA Company A, Date 3PNal • • We support the addition of a Day Care/Preschool to this area. We believe all of the people working in this area would benefit from the option of using a daycare/preschool conveniently located near our place of employment. . We also believe that there would be no negative impact to the area or to Tigard in general and in fact the addition of a daycare/preschool to this area would greatly enhance its desirability as a place to work. Signed ;-1<41 c-A G �� / sS Title k:jer- • Company Pre' C:Su- „ 1■� e C Date wco • • We support the addition of a Day Care/Preschool to this area. We believe all of the people working in this area would benefit from the option of using a daycare/preschool conveniently located near our place of employment. We also believe that there would be no negative impact to the area or to Tigard in general and in fact the addition of a daycare/preschool to this area would greatly enhance its desirability as a place to work. Signed Title -Company /)n-u / ( (w/J /7)1/&V' c6 y Date '- • • We support the addition of a Day Care/Preschool to this area. We believe all of the people working in this area would benefit from the option of using a daycare/preschool conveniently located near our place of employment. We also believe that there would be no negative impact to the area or to Tigard in general and in fact the addition of a daycare/preschool to this area would greatly enhance its desirability as a place to work. Signed • •- Title Company �� Rok_ +4) U Date `7,M QC We support the addition of a Day Care/Preschool to this area. We believe all of the people working in this area would benefit from the option of using a daycare/preschool conveniently located near our place of employment. We also believe that there would be no negative impact to the area or to Tigard in general and in fact the addition of a daycare/preschool to this area would greatly enhance its desirability as a place to wor. . Signed Title Company 01e (L 601trze,9--C_ Date • We support the addition of a Day Care/Preschool to this area. We believe all of the people working in this area would benefit from the option of using a daycare/preschool conveniently located near our place of employment. We also believe that there would be no negative impact to the area or to Tigard in general and in fact the addition of a daycare/preschool to this area would greatly enhance its desirability as a place to work. Signed / . ,W Title Company 4,(,(- Date 3-p? -sCe) • We support the addition of a Day Care/Preschool to this area. We believe all of the people working in this area would benefit from the option of using a daycare/preschool conveniently located near our place of employment. We also believe that there would be no negative impact to the area or to Tigard in general and in fact the addition of a daycare/preschool to this area would greatly enhance its desirability as a place to work. Signed f/4 Title 474‘ e--( J Company (i o pe7 coo 4-P/ 7-.0 L Date V/7/o We support the addition of a Day Care/Preschool to this area. We believe all of the people working in this area would benefit from the option of using a daycare/preschool conveniently located near our place of employment. We also believe that there would be no negative impact to the area or to Tigard in general and in fact the addition of a daycare/preschool to this area would greatly enhance its desirability as a place to work. Signed Title ,.0// I Company Date �� • • We support the addition of a Day Care/Preschool to this area. We believe all of the people working in this area would benefit from the option of using a daycare/preschool conveniently located near our place of employment. We also believe that there would be no negative impact to the area or to Tigard in general and in fact the addition of a daycare/preschool to this area would greatly enhance its desirability as a place • work. Signed Title Company Date -� CHILD CAE CENTERS IN THJhIGARD MARKET Learning Tree, 18115 SW Lower Boones Ferry Rd, Durham Learning Tree, 10360 SW 87th, Tigard Learning Tree, 13855 SW Pacific Hwy, Tigard La Petite, 16200 SW Pacific Hwy, Tigard NW Montessori, 11511 SW Bull Mtn Rd, Tigard Children's Village, 10400 SW Park St, Tigard Heidi's Montessori, 8960 SW Pinebrook, Tigard Kids Space, 12325 SW Katherine, Tigard Kids Campus, 12975 SW Grant Ave, Tigard Kids Klubhouse, 9225 SW Hall, Tigard Kindercare, 11533 SW Hall Blvd, Tigard Kindercare, 12658 SW North Dakota, Tigard Rocking Horse, 15750 SW Boones Ferry Rd, Tigard TLT/Hall, 8485 SW Hunziker, Tigard Morning Hill, 13105 SW Falcon Rise Dr, Tigard APR 10 2000 3: 13 PM FR —S . 5035987373 25014 1234544684729 P.02 • • • • VIA FACSIMILE: 684-7297 < AND FIRST CLASS MAIL April 7, 2000 TARLOW - JORDAN& Tigard City Council SCHRADER 13125 SW. Hall Blvd. • • • A roRNEy:s Tigard, OR 97223 • Attention: Julia Hajduk • ' • ' Re: Zone Ordinance Amendment [ZOA] 1999-0003 Our client: Snyder Roofing • Our File No 45842/29934 Dear Ms. Hajduk: `,::;: We represent Snyder Roofing with regard to the above-referenced matter. :: It is our understanding that there will be a City Council meeting on Tuesday, • - April 11, 2000, at 7:30 p.m. regarding this proposed Zone Ordinance Amendment to allow daycare centers in industrial zones: Our client, Snyder . • • Roofing, has its business on the industrial property that would be affected by this amendment. Snyder believes that the presence of daycare facilities in the City's • " ' industrial zone presents use and safety conflicts which may compromise efficient industrial use of the property. The City Planning Commission held a public hearing on March 6, 2000, and ':::::;:•••••••" • ' " • 'voted to recommend denial to the City Council. It is also our understanding that• the staff recommendation was that the Zone Ordinance Amendment be denied. • `.t •• Snyder Roofing does not intend to have a representative attend the Council meeting on Tuesday. However, for the reasons stated in the April 11, 2000, staff report and for the reasons stated by the Planning Commission in support of its•••`'' March 6, 2000, denial, Snyder Roofing also opposes the proposed amendment•• and would like that to be reflected in the City's file. "• If you have any questions, please call me. • '. _ Very truly yours, • • _ TARLOW JORDAN & SCHRADER /s/ ••'' •s Jeff Bennett ••:r• • ' • •• cc - Snyder Roofing - • A Total Quality Management Organization 29914 001 kAc Jo'Tigard.dock.'cr/04/10/00-1 $ :: : : • • • . ;wt. • • ,,x ......_.._.._.. .r ..... .. ... .. i...t ` • • . . . . • • • • ............... ... . :.-;;,`"•.'''..•?;. ?;" i` • a ,r''f;�,�!" '",::::::<::::_ i mot' of h m •`f , t , . . , _. • • Acrd ;':';.`'Y;k. M I ` r •. .._ Y'e. i.'.;.....i i ?, q ,'. ''::. N. ,N.:...--•_•••:_ .1, F :.i. ... ..._..:, ..., .,to -w :.Y , .. ‘x.. .......ww "'... 1,. ...'... :-:•."...-.:.:.'. r : ::::tii t I .<..A,)::,:.7> Y G1..,:.ii 5l (.::'<'1,. �`. w /J` • ....._.................._... s. vJliwg..2i i::':[;(•:.iii„:;,1-::t..:, .. t`' Yl tel: r161Hi hStS 1 g�r Jc: IEEINJ• �1: , M f.• :.Salems`OR97.301:,. `<'D v 1 m .Iiarid Planning and e e o erit Services' , _ ' g p ';� �---(503)31'6=18.42'`i,' _ :: . 'r 'z ;r. 1'• '. ' z-s:• i>e .t. •r',' 0.00 E L A N I M `-26 2 E a �EC - , "r 't. -,';''s.:':- A Jti S O O M V`' .L. _ �A AR T' i: ' ' 7Y 70 G• r�; `.Ju•li _H J du k: ~ .3' - y _ _Commun it :De velo P�me t --C i , f Ti g_ ar d.- 13125"•S W a -3 Ti'ar`d •OR'97223`:., ,,; g •%: .J• J.^ r y,cyt,+ .'':.'•.,:•'--• ',•r .f'.' : �:� ' ` . `' _ Vii !r' - -:RC :Cnc il�Wo rk S ess o r: : •' e: it" ou - , eg ' e; ` A t it .Y^ -�tY DaY'Care=Centers Tt`Gha ng � �,' ;ire✓:;a_ �1' /q'j f' - - '- D Ju a: f' .. ea s e i� oe the ne sit eni r ti e f`= r %.� os ar ' _mintc(o'de eco'ngel'atin i-•to ri co`m arsori=m t rx ,,, _- ,>As. rmide,d•-,aee� <otlerjursict ons as: leyrael tielt46day-ea r e•ce n t r s. I thnk the su p`lmental Condit o rial :, x` Portland cosest to. Ti and Cy Councils ce ns'fom>thr:u ,cirter i a in. he Prtla ° •he riig inAr il� � f , t.i t ee r e . sas h •g' ''I msill�t iri to;determine:whthr t h e, ' re,a ri DE,Q standards +;' . u r 1. mit o:d = a re use s: .de eridin Pon Pi ta ,c , ' s b ." stio s easeca ,:..• If of have an ue ' .. ..: ,t ?',;,. •- Vii'' _ - ,. — i rl' .'-•Sncee. - ;z i r' V, e_ • • D 0� 0 Comparison: Day Care Centers* In Industrial Zones See text for *'s Zone City and Zone Abbreviation Allowed Outright Conditional Uses PORTLAND: General Employment EG1 X ()General Employment EG2 X Central Employment EX X General Industrial IG1 X General Industrial IG2 X Heavy Industrial IH X BEAVERTON: Industrial Park IP X Light Industrial LI X Campus Industrial CI X** TUALATIN: o Light Manufacturing ML X General Manufacturing MG X Manufacturing Park MP X*** LAKE OSWEGO: Industrial I (Not specifically defined. General category of Industrial Park IP "Institutional Uses" not allowed in I or IP zones SALEM: �_=c Industrial Business Campus IBC X Industrial Park IP X General Industrial IG X Intensive Industrial II X GRESHAM: Business Park BP X Light Industrial LI X Heavy Industrial HI X TIGARD: Industrial Park I-P (Day Care Centers are not allowed Light Industrial I-L in any of the three industrial zones as Healy Industrial I-H outright or conditional uses in Tigard) Chapter 33.815 • D g� Title 33,•nning and Zoning Conditional Uses 7/1/97 a a ( ° on 1 C) - U g °' ° gam E. If the facility(isi tl e RX zone, its location will not by itself or in combination with -- �Y other nearby Commercial Parking Facilities, decrease the desirability of the area for the retention of existing housing or the development of new housing. 33 815.125 Specified Uses in Industrial Zones These approval criteria apply for uses in the following categories in the industrial zones: Retail Sales And Service, Office,Commercial Outdoor Recreation, Commercial Parking Facilities, Community Service, and Daycare uses. These approval criteria promote preservation of land for industry while allowing other uses when they are supportive of the industrial area or not detrimental to the character of the industrial area. The approval criteria are: A. The proposed use will not have significant adverse effects on nearby industrial firms; B . The transportation system is capable of safely supporting the proposed use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, access to arterials, transit availability, on-street parking impacts, lot access requirements, neighborhood impacts, and pedestrian safety; \ C. The proposed use will not significantly alter the overall industrial character of the area, based on the existing proportion of industrial and nonindustrial uses and the effects of incremental changes; D. The proposed use needs to be located in an industrial area or building because industrial firms or their employees constitute the primary market of the proposed use; and E:City-designated scenic resources are preserved. 33.815.130 Residential Uses in the EG1, EG2, IG1, IG2, and IH Zones These approval criteria promote the preservation of land for industrial uses while allowing residential uses in limited situations where they will not interfere with industry. Residential uses in these zones are only protected from nuisance impacts, including noise,to the same standard as uses allowed by right. In the IG1, IG2, and IH zones, criterion A., B., and C. must be met. In the EG 1 and EG2 zones,criterion A. and B. must be met and either C. or D. The approval criteria are as follows: A. The transportation system is capable of safely supporting the proposed use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, access to arterials, transit availability, on-street parking impacts, lot access requirements, neighborhood impacts, and pedestrian safety; and B . City-designated scenic resources are preserved; and C. The proposal is for houseboats or houseboat moorages which will not interfere with industrial use of the waterway or with adjacent industrial uses; or D . The proposal is for new development where: 1. The proposal can be designed and developed so that housing is buffered from potential nuisance impacts from uses allowed by right in the zone; and 815-8 _ 2 ff,o, tl ZONING (f) Building official means the duly appointed action under SRC 113.200 to 113.260. • and acting Administrator of the Building and Safety (q) Conditional zone change declaration . Division of the Department of Community means a decision imposing conditions precedent to the o. Development of the City of Salem, Oregon, or the issuance of a conditional zone change order. See SRC (�S`� building official's designee. (Ord No. 6-84; Ord No. 113.220. 1U� v) 17 88;Ord No. 13 90) (r) Conditional zone change order means a n decision entered upon satisfaction of all conditions `,, p 111.040. " C" DEFINITIONS. precedent stated in a conditional zone change l�t1UZ (a) Carport means a permanent structure which declaration, and finally accomplishing the zone is not totally enclosed on two or more sides,and which change.See SRC 113.240. is used or intended for the parking of motor vehicles. Condition precedent means any condition (b) Children or child means a human being upon the use or development of property imposed by ,. -, under 13 years of age. this zoning code or a decision on a land use action (c) City or City of Salem means the City of which must be met prior to an unqualified right vesting Salem,an Oregon municipal corporation. in the development, use, or continued use of a (d) City business day means a day other than a building, structure or premises. With respect to zTh. �� Saturday,Sunday,or holiday, during which the City's conditional zone changes it means any condition administrative offices are open for the transaction of imposed in a conditional zone change declaration regular and routine business. A city business day which must be met prior to issuance of a conditional °c1, begins at 8:00 a.m. and closes, unless otherwise zone change order. directed-by_the-councilor city manager,-at-5:00-p m. (t) Corner lot means a lot having two or more (e) Child Day Care Center (CDCC) means a adjacent front lot lines in which the interior angle facility which provides child care (SIC 835) or formed by the extensions of the front lot lines in the kindergarten for 13 or more children. direction which they take at their intersections with the (f) —Child-Day-Care-H mine mine eans the home of a child care provider for 12 or fewer children. side lot lines forms an angle of 135 degrees or less. In the event a street front lot line is a curve at its point of (g) City engineer means the administrative intersection with a side lot line, the tangent to the o3 )) head of the Engineering Division, Department of curve at that point shall be considered the direction of Public Works of the City of Salem. the front lot line. (h) Collocation means the use of a single (u) Council means the council of the City of support structure and/or site by more than one wireless Salem,Oregon. communications provider. (v) Court apartment is a dwelling unit which o (i) Commission means the Salem Planning is one of three or more dwelling units contained in two 1 Commission,created by SRC chapter 6. or more buildings on the same lot, and which is • (j) Contiguity means the state of being designed, built, rented, leased, let, or hired out to be CL contiguous. occupied,or which is occupied by a family which does p (k) Contiguous means touching along a not include an owner of the apartment; or which is a boundary or point. Two or more lots or parcels that condominium unit in a complex containing three or are under common ownership and are separated by a more dwelling units in two or more buildings. public right-of-way shall not be considered contiguous. (w) CSDP (Central Salem Development ci)) (1) Complex means a building or group of Program)area means that area of the city within the buildings,and their accessory buildings and structures, following boundaries: Beginning at the SE corner of co) all under common ownership, condominium 12th Street SE and Mission Street SE in Section 27 ownership,or common management, and housing an Township 7 South Range 3 West in Marion County, integrated development of industrial uses,commercial Oregon;Thence Northerly along the East line of 12th uses, public uses, residential uses, or combinations Street SE to its intersection with the East thereof. Right-of-Way line of the Southern Pacific Railroad; O (m) Compliance period means the period Thence continuing Northerly along said East line of prescribed in this zoning code or by the decision on a Railroad to the North side of"D" Street NE; Thence land use action within which all conditions precedent Westerly along the North side of"D" Street NE to the must be met. West Side of Fifth Street NE;Thence Northerly along (n)' Comprehensive plan means the officially the West side of Fifth Street NE to the North side of adopted Salem Area Comprehensive Plan, including Market Street NE; Thence Easterly along the North all components thereof adopted by reference or side of Market Street NE to an Alley running between \N otherwise lawfully incorporated as parts thereof. Fifth Street NE and Church Street NE; Thence (o) Conditional use means any use which is Northerly along Said Alley to the North side of Gaines permitted in a particular zoning district only after Street NE; Thence Easterly along the North side of review and approval as provided in SRC chapter 117 Gaines Street to the West side of Church Street NE; or 118, and includes where not excepted, Thence Northerly along the West Side of Church "nonconforming" conditional uses and development Street to the North line of an Alley running between requiring conditional use review pursuant to SRC Hood Street NE and Shipping Street NE; Thence chapter 112. See specific conditional use. Westerly along the North side of Said Alley to the East (p) Conditional zone change means a land use bank of the Willamette River;Thence Southerly along 371 3/99 • •• . 0-72 /< e, Fe/7 kt dez-- • cfvy over C .3126191 /1"2‘-e 747• g, 0 / 00 / Cooee po er,(, aci ("3 C, (7 , • ete41-7,40-1._ /Al — / es-7-7-0d L 6--() 11-7' atd,e-44 Th 1 rjjr &/ /06e,<) ,-r-e-o4?)h (Lee. \\A)\ 22 fA '• • City of Gresham 1333 NW Eastman Pkwy. „4 Gresham, Oregon 97030 i'sor Article VIII Telephone 503-618-2832 Special Uses Section'8.0100 RECD MAR 3 0. 1999 Community Services General 8.0101 Community Service Type I - IV Community Services 8.0110 Type [ Community Services 8.0111 Type [I Community Services 8.0112 Type III Community Services 8.0113 Application for a Community Service Permit 8.0114 Design Review and Approval Criteria for Community Services Development Requirement 8.0120 Introductory Provisions 8.0121 Standards 8.0122 Requirements General 8.0101 Community Service In addition to development intended for a land use district,there are community services that are appropriate in a particular area because of social or technical needs. The approval of a community service is for a specific use. Any change or expansion of a use approved under the Type II procedures shall be subject to approval of the Manager. Type I - IV Community Services 8.0110 Type I Community Services The following community services may be approved under the Type I procedure: (A) Recycling drop box when located in a commercial or industrial land use district and where the box is located not closer than 500 feet of a residential structure. (B) Transit bus shelters under 100 square feet in floor area. (C) Temporary buildings for a real estate office in a new subdivision for the sale of homes within the subdivision and temporary space while a permanent structure is being constructed. 18.011-1 (2/99) 1, I • • (D) Minor utility and public facilities, including soil treatment facilities, where the facilities are treating existing, on-site soils; diversion structures and pump and lift stations; wellheads, pump stations, water purification facilities not exceeding 1,000 sq. Ft. Of building area and not exceeding the maximum building height of the underlying district; water storage facilities not occupying more than 1,000 sq. ft. of site area, and not exceeding the maximum building height of the underlying district. (E) Portable classroom for an existing public or private school. (F) If an alternative plan for a required buffer is proposed, as permitted under Section 9.0110, the community service for(D)and (E) above shall be processed under the Type II procedure. 8.0111 Type II Community Services The following community services may be approved under the Type II procedure: (A) Emergency service facility such as a fire station or ambulance service. (B) Public urban plazas and public walking/hiking trails with associated trail access points and trailheads. (C) Public neighborhood parks (D) Buildings used for religious worship, with seating for 300 or fewer persons within the principal place of assembly. (E) Cemetery, crematory, mausoleum, mortuary, or funeral home. • (F) Public or private elementary school, academically accredited by the state of Oregon, proposed for development in any district other than the Downtown Plan District or the Civic Neighborhood Plan District. (G) Boat moorage, marina or houseboat moorage. (H) Adult or senior center. (I) Community food or non-profit hot meals service. (J) Major utility structures, including, but not limited to substations,telephone switching stations, and other facilities required for the transmission of power or communications. (K) Sewerage or drainageway system structures, including but not limited to pump stations, or sewage or stormwater treatment plants. (L) Water system structures, including, but not limited to treatment plants, storage reservoirs, pump stations, or other major facilities associated with the supply or distribution of water. (M) Expansion of an existing Type II community (N) Bed and Breakfast inns subject to the standards of Section 8.0121(J)of the Community Development Code. (0) Helicopter landing facility and modification of an existing helicopter landing facility. Modification includes an increase in the number of flights; changes in flight path, number or type of helicopter, hours of operation; addition of refueling or repair facilities; or changes in size or location of landing and take off pads. (P) Medical offices developed in conjunction with a hospital facility. [8.01]-2 (2/99) • • 8.0112 Type III Community Services The following community services may be approved under the Type III procedure: (A) Public or private high school or college that is academically accredited by the state of Oregon. Schools that are customarily commercial rather than academic in nature such as business, dance, karate, and other instruction schools shall not be located in a residential or office/residential land use district nor approved as community service. (B) Public or private elementary school, academically accredited by the State of Oregon, proposed for development within the Downtown Plan District or the Civic Neighborhood Plan District. (C) Transit facilities such as park and ride or equipment storage facilities. (D) Solid waste transfer stations and solid waste landfills. (E) Campground. (F) ,Golf course. (G) Stadium, arena, or auditorium. (H) Public buildings such as, but not limited to, a city hall, post office, or library. (I) Hospital. CO Theme park. • (K) Child care facilities for 13 or more children. (L) Child care facilities for up to 12 children operated by a person other than a resident of the home where the care will be given. (M) Private club, fraternal organization,or lodge. (N) Resort. (0) Drug and alcohol treatment facility. (P) Elderly housing. (Q) Expansion of an existing Type III Community Service. (R) Public community parks. (S) Public multi-use paths with associated trail access points and trailheads. (T) Buildings used for religious worship, with seating for over 300 persons within the principal place of assembly. (U) Commercial parking facilities. (V) Electrical generating facilities_ (W) Recycling facilities, including drop-box transfer stations,transfer stations, recycling collection sites, and recyclables recovery facilities. [8.01]-3 (2/99) • • 8.0113 Application for a Community Service Permit A community service is subject to approval pursuant to Sections 8.0101 through 8.0114, unless it has been excluded from development permit requirements by Section 11.0102. An application for the proposed development shall provide facts and evidence sufficient to enable the approval authority to.make a determination in compliance with the criteria set forth in Section 8.0114, of the Community Development Code. . 8.0114 Design Review and Approval Criteria for Community Services (A) Most Community Services require submission of a Site Design Review application as provided by Article VII of the Community Development Code. Type I Community Services and the following uses are exempt from site design review and public facilities requirements: (I) Child care facility for 12 or fewer children and adult foster homes within an existing residential structure. (2) Recycling drop box. (3) Expansion of the floor area of a community service use by less than 2,000 square feet. (B) An applicant shall provide a narrative that details how the proposal fulfills the applicable requirements found in Article VII and is designed to be as compatible with the surrounding land uses as possible and measures are taken to mitigate any unavoidable negative impacts. Factors to be considered include: (1) location of parking and loading, and effects on off-site parking; (2) generation of high amounts of traffic; - (3) street access points; (4) buffering and screening to protect privacy; (5) noise or illumination controls; (6) structure height; (7) hours of operation; (8) crime prevention; - (9) visual elements(e.g., scale, structural design and form, materials); (10) signage; (1 l) noxious odors; (12) lighting; (13) effects on air and water quality; (14) potential for glare, noise and dust, vibration, and other environmental effects which may disturb neighboring property owners; - (15). other impacts which are unique to the specific use. [8.01]-4 (2/99) • • • (C) An applicant for a helicopter landing facility shall also: (1) Provide an acoustical and mitigation plan report which details the design and measures - to be taken which will minimize noise impacts to noise sensitive units as defined in Article'7.20.Noise Control Code of the Gresham Revised.Code. The report,at a minimum, shall discuss and make recommendations for best management practices concerning preferred approach/departure flight paths;.preferred approach/departure path slopes; preferred approach/departure air speeds; preferred times of use; nearby existing natural flight corridors such as freeways and industrial areas that the helicopter landing facility may utilize; and other relevant factors. The plan must include a discussion of the existing physical factors, such as topography and proposed physical barriers, such as walls, fences, structures or vegetation, and how these factors would be used to reduce noise impacts. The report shall be prepared by a professional consultant experienced in airport noise evaluation and federal and state airport noise standards. The report shall include the proposed hours of operation; the number, type and size of aircraft to be located at or expected to use the site; maximum number of helicopter trips on a daily, weekly, and annual basis and the purpose of the helicopter trips and an approach/departure flight path plan showing proposed flight path locations, widths, lengths and slopes. (2) Demonstrate that an application has been made to the Oregon Department of Transportation, Aeronautics Section, by submitting a copy of the helicopter application made to OAD which identifies the following:. direction, angles,and number of approaches; helipad size and surface; nearby obstructions; lighting and markings; tie-downs; number of trips; location; and fencing. (D) An applicant for an elderly housing community service use shall demonstrate that there is a need for the facility in the vicinity of the proposed site and submit a market feasibility analysis as part of the applicant's showing that there is such a need. The "vicinity" shall be defined by the applicant; however, the burden shall be on the applicant to demonstrate that the vicinity chosen is one that is reasonable and appropriate for the project, based on its size, the type of housing included in the project and the existence of other similar projects in the target market. (E) An applicant for a public walking/hiking trail or public multi-use path including associated trail access points and trailheads shall provide narrative and plans that demonstrate consistency with applicable provisions of the Gresham Trails Master Plan Chapters 7 and 10. If the application includes a surface parking lot it shall be consistent with Section 9.0823 except that the applicant may,prepare an alternative landscaping plan and specifications which meets the intent of the requirement in Section 9.0823(CX1),(2) and (3)and the general intent of the Gresham Trails Master Plan that planting for buffer, screening and revegetation shall be of native plant species compatible with and blending with the natural surroundings. The Buffering and Screening Requirements of Section 9.0100 shall apply except in the following situations: where the proposed trail development is more than 30 feet from an abutting property line,or where the abutting property is an open space parcel, or where the proposed trail development abuts a street right-of-way. When buffering and screening is required an alternative buffering and screening plan may be submitted for approval. Such alternative plan shall be designed to afford the degree of desired buffering and the general [8.011-5 (2/99) • • • intent of the Gresham Trails Master Plan which states that planting for buffer, screening and revegetation shall be of native plant species compatible with and blending with the natural surroundings: The application is exempt from the following Site Design Data Requirements: 7.0102(AX1Xb) is limited to the trail development area and trailheads; 7.0102A)(1)(e)and (A)(2)(d) is limited to trailheads; and 7.0102(A)(2)(i). The application is exempt from the following Site Design Criteria and Standards: 7.0211: A 1; A2; A5, A6, 1 le; B, and C. Development Requirements 8.0120 Introductory Provisions The Community Development Code identifies uses which because of their social or technical need can be located in most areas within the city. 8.0121 Standards Community Services shall be located in conformance with the following standards: (A) Adjacent land uses: Solid waste transfer stations and solid waste landfills, sewage treatment plants, electrical generating facilities, or stadium shall not be located in or adjacent to residentially designated land. (B) Solid waste transfer stations, solid waste landfills,campgrounds,and golf courses are not permitted in the Downtown Plan District, the Civic Neighborhood Plan District, the Station Center District or the Rockwood Town Center District. (C) Except as provided in subsection (D), below, the following community service uses are prohibited in the Light Industrial, Heavy Industrial,or Business Park Districts: -- Temporary buildings for residential real estate sales -- Public urban plazas, public neighborhood parks, and public community parks -- Buildings used for religious worship -- Cemetery,crematory, mausoleum, mortuary, or funeral home -- Public or private elementary school academically accredited by the State of Oregon -- Boat moorage, marina or houseboat moorage --Adult or senior center. • . - - • _ • -- Bed and breakfast inns 18.011-6 (2/99) • • -- Medical offices developed in conjunction with a hospital -- Public or private high school or college that is academically accredited by the State of Oregon - -- Campground- _ = , • -- Golf course -- Hospital -- Private club, fraternal organization, or lodge -- Resort -- Drug and alcohol treatment facility -- Elderly housing -- Commercial parking facilities (D) Notwithstanding provisions of Section 8.0121(C), public elementary schools, public high schools, public urban plazas, public parks,and buildings used for religious worship may be permitted in the BP, HI, and LI districts when an applicant demonstrates that title for the parcel(s)where the facility is to be developed was held by the governing body for the applicant as of the effective date of this ordinance. In addition, notwithstanding provisions of Section 8.0121(C), the City Council, after a de novo Type III hearing before the City Council without prior Planning Commission or Hearings Officer review, may authorize application for a development permit (pursuant to Section 8.0113) for a new, public, elementary or high school in the LI, HI, or BP district when a potential applicant for such a facility demonstrates to the City Council that suitable school sites are not available outside the LI, HI,or BP district. If the City Council authorizes such application, the appropriate decision making body reviewing the application is authorized to grant the development permit application for a new public elementary school, as a Type II Community Service, or public high school, as a Type III Community Service, in the LI, HI, or BP district, where the application also meets the applicable requirements of the Gresham Community Development Plan. (E) Transportation Efficiency: An applicant for any Type II or Type[II Community Service use which will generate 100 or more daily trips shall submit a map depicting the estimated service area. For example, a) for public schools, the estimated service area shall be that geographic area surrounding the proposed location containing 100% of the households to be served by the school; b) for other than public schools, the estimated service area shall be that geographic area surrounding the proposed location containing a majority of the employees, visitors, members, users, and/or clients, that will travel to the use. The applicant shall also provide findings demonstrating that: 18.011-7 (2/99) • • • (1) The use is centrally located within the estimated service area, as far as is practical; (2) The use is accessible to the estimated service area via a variety of travel modes (pedestrian, bicycle, transit, and auto)and an adjacent transportation system appropriate to the scale of use(regional, community, or local); (3) Travel demand management measures such as the use of alternative modes, ride- share and van-pool programs, or other measures will be employed so as to limit impacts on the existing and planned transportation system adjacent to the location and within the estimated service area; and (4) Related uses supportive of the proposed Community Service, if any, are located adjacent to the-site or within the estimated service area. (F) Commercial parking facilities are not permitted in the LDR, TLDR or MDR-12 districts. (G) Street Access: (1) Buildings used for religious worship and public or private high schools shall have direct access to a street with a functional classification of Neighborhood Collector or greater. (2) Park & Ride facilities, campgrounds, golf courses, public buildings(such as city hall, post office, library, fire station), private club, fraternal organization or lodge, medical offices (when developed adjacent to a hospital facility), auditorium, exhibition hall, or resort shall have direct access to a street with a functional classification of Collector or greater. (3) Solid waste transfer stations, solid waste landfills, stadiums, arenas, hospitals, or theme parks shall have direct access to a street with a functional classification of Minor Arterial or greater. (4) Elderly housing shall meet at least one of the following standards: (a) Be located in the Station Center District; or (b) Be located in the Downtown Plan District; or (c) Be located in the Rockwood Town Center District; or (d) Be located in the Civic Neighborhood Plan District;or (e) Have frontage on a Transit Street or a Transit Route,as identified in Section A5.400 of the Community Development Code; or (f) Be within 1,000 feet walking distance of a transit facility and have direct access to a street with a functional classification of Neighborhood Collector or greater. For the purposes of this section, a transit facility includes a light rail transit station, or a park and ride lot for transit riders, or a transit center,or a transit stop and their transit improvements, including a bus stop. (H) Community Service structures shall meet the following site development requirements, except for proposed uses in an existing residential structure: 18.011-8 (2/99) • (1) Minimum yard setbacks in LDR, TLDR, MDR-12, MDR-24, and CMF: (a) Front yard =30 feet • (b) Side yard = 20 feet for one-story buildings and 25 feet for two or more stories. (c) Rear yard =25 feet (d) Exception: structures included with a public trail development shall be as required in the district. (2) Minimum yard setbacks in OFR,NC, GC, RTC, SC, CMU,CC,MC, BP, LI, and HI: All yards shall be as required in the district. (3) Maximum building height: All building heights shall be as required in the district. (4) Maximum lot coverage in the LDR shall be 50%. (I) Elderly housing shall meet the minimum.density, if any, of the underlying land use district - and shall not exceed the following maximum density requirements: (1) a maximum of 22 living units per acre in the Low Density Residential and Transit Low Density Residential districts. (2) a maximum of 62 living units per acre in all other land use districts or the maximum allowed in the land use district, whichever is greater. (J) Bed and Breakfast Inns shall conform and comply with all of the following standards and requirements: (1) The structure used for a Bed and Breakfast Inn shall be designed for and occupied as a single family residence. The structure shall maintain the characteristics of a single family residence. The structure must have been occupied for at least five years of its life as a single family residence before a Bed and Breakfast Inn is allowed. (2) All residences used for Bed and Breakfast inns shall be occupied as the primary residence of the applicant who operates the Inn. The inn must be an accessory use to the primary residence use. (3) A maximum of four sleeping rooms shall be made available for guest occupancy. (4) A minimum of one on site parking space shall be provided for each bed and breakfast guest sleeping room. In addition parking standards normally required for a single family residence will apply.Guest parking shall not be allowed in a required front yard. (5) One on premise sign shall be permitted. The sign shall be non- illuminated and shall not exceed 6 square feet of face area and 3 feet in height above grade. (6) The duration of each guest's stay at the Bed and Breakfast inn shall be limited to no more than 30 consecutive days. • (7) All Bed and Breakfast Inns shall be inspected and approved by the City Building Official and Fire Prevention Officer prior to the issuance of an occupancy permit. The inn shall conform to the requirements of the applicable Building, Specialty, Fire and other Codes. Only rooms designed as sleeping rooms shall be used for guest rooms. Each guest room shall be protected by a smoke detector. [8.011-9 (2/99) • • (8) Bed and Breakfast Inns shall obtain and maintain a City Business License and are subject to the City Transient Lodging Tax. Bed and Breakfast Inns shall obtain and maintain all applicable licenses and permits required by the State of Oregon. (9) If a Bed and Breakfast Inn is not established within one year of the development permit - approval date, or if the use of the residence as an Inn lapses for over one year, the development permit shall automatically expire and a new application will be required. (10) If the Bed and Breakfast Inn is found to be in violation of the standards and requirements of this section, the Manager, pursuant to the Type II procedure, may revoke its development permit. (K) Helicopter landing facilities shall meet the following standards: (1) Are permitted in GC, RTC, CC, LI, HI, BP Districts,and the Downtown Plan District and the Civic Neighborhood Plan District. (2) Are permitted in the LDR,TLDR, MDR-12, MDR-24,Chit',CMU, SC; MC, OFR and NC Districts as an accessory to a community service use. Only trips which support the community service use are allowed. (3) Repair facilities are allowed only in the LI and HI Districts. Minor or emergency repairs and routine maintenance are allowed in all districts.All storage and repair shall be conducted in enclosed building. (4) Refueling facilities are allowed in conjunction with an approved helicopter landing facility. (5) A setback distance of 200 feet shall be required for landing and take-off pads and refueling facilities from abutting Residential Development District, Mixed Use Development District and NC District property lines. A setback distance of 50 feet shall be required for landing and take-off areas and refueling facilities from all other abutting property lines. All setback distances will be measured from the edge of the landing pad. This provision does not apply to landing and take-off pads located on top of a building. Other site improvements shall be consistent with the applicable setback yard provisions of the underlying district. (6) A 20 foot wide landscaped buffer and screening area shall be provided around the landing and take-off pads and refueling facilities. Landscape plantings shall be consistent with the vegetative requirements of the'C' buffer of Section 9.0100 of the Community Development Code.This requirement is'in addition to any buffering and screening required by Section 9.0100 of the Community Development Code. The trees must be located so as to not encroach into an 8 (horizontal)to 1 (vertical) flight path from the landing pad in all directions. This provision does not apply to a helicopter landing facility on top of a building. (7) All take-off, landing, and parking areas shall be surfaced with a dust proof and gravel • free material. • (8) Prior to occupancy of an approved helicopter landing facility submit a copy of the Oregon Department of Transportation Aeronautics Section heliport application approval. [8.01]-10 (2/99) '' • • SPECIAL REQUIREMENTS Special Use Regulations 60.40.25. 8. Nursery Schools, Day or Child Care Facilities. Nursery schools and day or child care facilities shall provide and thereafter maintain outdoor play areas with a minimum area of 100 square feet per 1/3 the total licensed capacity of children. The Planning Director may approve reduction of this requirement if the facility cares only for infants up to 6 months in age. In all districts, a fence of at least five (5) feet but not more than six (6) feet in height shall be provided separating the outdoor play area from abutting lots. Facilities licensed for 40 or more children may be required to have a driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading children. The Facilities Review Committee shall determine whether the special driveway Odesign is required. _ If a Conditional Use Permit is required, in addition to that normally required for a Conditional Use Permit the following information shall also be supplied: 41kal A. The maximum number of children the facility is proposed to be licensed to care for; B. Ages of the children to be cared for; C. List of any exceptions to the rules governing standards for day care facilities the applicant will be applying for to the Children's \11\\,.. Services Division. (ORD 3181, June 1980) 9. Portable Classrooms. Public and private schools shall be permitted to maintain no more than two portable classrooms per school site for a ( P period of no more than one calendar year. The governing body of the _ S school shall obtain a Conditional Use Permit prior to placing any additional portable classrooms on a site occupied by two portables, or if the portables allowed on a site are to remain on the site for a period longer than one calendar year. The Planning Director may grant or deny time extensions allowing up to 24 additional months if justifiable cause is shown. Notice of the Director's decision shall be sent as established by Section 50.30.2. (ORD 3293; November 1982) Chapter 60 SR- 84 4/1/98 • DEFINITIONS Nursery, Day or Child Care Facility. A facility providing care for compensation for seven or more children during a 24-hour period. This includes: day nursery, nursery school group, or other similar unit operating under any name but not including any: a. Facility providing care that is primarily educational, unless provided to a preschool child for more than four hours a day; b. Facility providing care that is primarily supervised training in a specific subject, including but not limited to dancing, drama, music, or religion; c. Facility providing care that is primarily an incident of group athletic or social activities sponsored by or under the supervision of an organized club or hobby group; d. Facility operated by a school district, political subdivision of this State or a governmental agency; e. Residential facility licensed under ORS 443.400 to 443.455 ; f. Babysitters. g. Family Day Care or Group Home, which provides day care in the family living quarters of the provider, for not more than 12 children, including the provider's children. For this purpose only, a "child" shall mean a person under the age of 13 years. (ORD 3613; 1988) Obstructing Sign. A sign or sign structure so that any portion of its surface or supports will interfere in any way with the free use of any fire escape, exit, standpipe or the exterior of any window. Also, any sign projecting more than twelve (12) inches from a wall, except projecting signs. One-Third Octave Band Sound Pressure Level. The sound pressure level for the sound being measured within the specified one-third octave band at the PREFERRED FREQUENCIES. The reference pressure is 20 micropascals (20 micronewtons per square meter). Open Access street. A Street which allows direct access to each abutting property. (ORD 3494) Chapter 90 DF-18 4/1/98 • •• 1--LAJL5-k- . . 3/2111 - 1--Z-C71-ja-5 ( ' H /-- I--td,,7E- v I",2,• x.,i:re z,oX--E x f-t-c - .1 put.M G ee 5. -- P K0 -( PCA-4-- / /7. --- ---- 0 ,avt,vv" , ) , r ' • ID Tualatin Development Code Change of Copy. The change of any to completion of required public improve- written or graphi '--. : Y :. • :• the face ments. of a .'I. Condominium. A property with a ' d Day Care Center. A day care building or group of buildings, submitted to fa.,i'ty providing day care to children as the provisions for condominiums in state defined in ORS . :.:e ' except a Family statutes, in which units are owned individu- Day ovider. ally, and common areas, structures, facilities, Children' • -, -. • ea de - easements, rights and appurtenances be- ,. nfale-cl for the recreation of children. Such longing to the property are owned by all the areas may include sand boxes, bark chip owners on a proportional,undivided basis. , areas, areas containing play structures, bas- Conflicting Use. A permitted or con- ketball courts, hard surface courts and wa• ditional use of the site or lot on which a pools. landmark is located or proposed which is •- . - ' • • ■ .1a. , Oregon, a inconsistent with the historic use of such municipal corporation. landmark. A conflicting use includes addi- City Engineer. The director of the tional single family residences in a RL Dis- City's Engineering Department or his desig- trict, commercial uses in a commercial plan- ._ ning district and demolition. Conflicting use City Manager. The person appointed does not include public right-of-way im- by the City Council as the City Manager or provements or accessory features such as the City employee, employees or agent vehicle parking or landscaping, which are whom the City Manager may designate to provided as part of an otherwise conflicting fulfill the responsibilities of City Manager. use. City Recorder. The person appointed Congregate Care Facility. Retirement by the City Council as the City Recorder or housing with common dining facilities and the City employee, employees or agent housekeeping services. whom the City Recorder may designate to Construction Sign. A temporary sign fulfill the responsibilities of City Recorder. displayed in conjunction with a construction Co-location. The placement of two or project on private property. more antenna systems or platforms by sepa- Construction Sign, Public Utility Fa- rate FCC license holders on a structure such cilities. , A temporary sign displayed in con- as a support structure, building, water tank, junction with a construction project for or utility pole. public streets, public waterlines, public Common Wall Dwellings. Dwelling sewer lines and pump stations, public storm units characterized by shared wall struc- drain lines and other similar public facilities. tures, including duplexes, triplexes, attached Copy. Any written or graphic infor- single family residences, rowhouses, town- mation on a sign houses, multi-family dwellings and condo- Core Area Parking District. The Core miniums. Area Parking District as identified in Section Compliance Agreement. A contract D of the Central Urban Renewal Plan. entered into by the owner and the City Core Area Parking District (CAPD) Manager,on behalf of the City,by which the Parking Standards. Off-street motor vehicle owner promises to complete the required parking requirements for development public improvements relating to a subdivi- within the CAPD provided at 75 percent of sion or partition within a specified time required Tualatin Development Code stan- period in exchange for the City granting final dards. subdivision or partition plat approval prior Cul-de-sac. A dead-end street termi- nating in a turnaround. . 31 -6 03/03/98 • • Tualatin Development Code Chapter 62 Manufacturing Park Planning District (MP) - 62010 Purpose _ parking and loading, utility facilities, wireless 62.020_ Pernutted.Uses communication facilities and outdoor:storage _ 62.030 Conditional Use - _ occupying less than ten percent of the total- 62.040 Prohibited Uses site area. 62045 Industrial Master Plan (1) Chemical and physical science of- 62050 Lot Size fices and laboratories. 62.060 Setback Requirements (2) Engineering and cartographic of- 62080 Structure Height fices and laboratories. 62090 Access (3) Manufacture, assembling and 62100 Off-Street Parking and Loading packaging of electronic equipment, instru- 62110 Environmental Standards ments and devices. 62120 Community Design Standards (4) Manufacture, assembling and 62.130 Landscape Standards packaging of optical equipment, instruments and devices. 62.010 Purpose. (5) Research offices and laboratories. The purpose of this district is to pro- (6) Testing offices and laboratories. vide an environment exclusively for and (7) Manufacture, assembling and conducive to the development and protection packaging of sporting goods providing how- of modem, large-scale specialized manufac- ever that primary processing of organic mate- turing and related uses and research facilities. rials such as tanning of leather or rough Such permitted uses shall not cause objection- milling of lumber is specifically prohibited. able noise, smoke, odor, dust, noxious gases, (8) Manufacture, assembling and vibration, glare, heat, fire hazard or other packaging of textiles and clothing. wastes emanating from the property. The (9) Manufacture, assembling and district is to provide for an aesthetically attrac- packaging of musical instruments and toys. tive working environment with park or cam- (10) Printing and publishing. pus like grounds, attractive buildings, ample (11) Warehouse and distribution cen- employee parking and other amenities ap- ter, provided however, that direct retail sales propriate to an employee oriented activity. It to customers from such warehouse structures also is to protect existing and future sites for are prohibited and further provided that the such uses by maintaining large lot configura- storage of hazardous wastes is prohibited. tions or a cohesive planned development (12) Other uses of similar character design and limiting uses to those that are of a found by the Planning Director to meet the nature so as to not conflict with other indus- purpose of this district,as provided herein by trial uses or surrounding residential areas. It Section 31.070. also is intended to provide for a limited (13) Offices when part of a manufac- amount of commercial uses designed exclu- turing use as listed in(1)through(12)above. sively for the employees of the primary uses. (14) Corporate,regional, or district of- fice headquarters for any use permitted in this 62.020 Permitted Uses. Code,provided that the offices occupy at least No building,structure or land shall be 20,000 square feet and that no manufacturing used in this district except for the following is conducted where not otherwise permitted uses when conducted wholly within a corn- in this chapter. pletely enclosed building, except off-street 62-1 4 Tualatin Development Code (15) Public or private parking lot im- (8) Private or public recreation facili- proved and landscaped in accordance with ties including pools, tracks, tennis or racquet- the provisions of Chapter 73. ball clubs, golf courses, health clubs, etc. (16) Accessory facilities and activities [Amended by Ord.890-93•Sec.4,passed April 12,1993;Ord 913-94,Sec.9, passed February 28,19941 customarily associated with or essential to permitted uses;=and-operated incidental to the 62.040"Prohibited Uses. principal use. The following uses are expressly pro- (1 Sewer an• • - .- _ -..• • stations, hibited in the MP District,except as otherwise press . - rea. ' tations,water reservoir. i • � provided in 62020 and 62.030 of this chapter. (18)/Child day care center, provided (1) All residential dwellings,except as at all exterior walls and outdoor play areas otherwise provided pursuant to Section shall be a minimum distance of 400 feet from 62.030 of this chapter. the exterior walls and pump islands of any (2) All commercial uses defined by automobile service station, irrespective of any Chapters 50, 51, 52, 53, and 54, except as structures in between. otherwise permitted pursuant to Sections (19) Greenways, including but no 62.020 and 62.030 of this chapter. limit•• • bike and pedestrian •a . and (3) All industrial uses defined by interpretive stations. Chapters 60 and 61 except as otherwise per- (20) Electrical substation. milted pursuant to Sections 62.020 and 62.030 (21) Natural gas pumping station. of this chapter. (22) Wireless communication facility attached. 62.045 Industrial Master Plan. (23) Wireless communication facility. The Tualatin City Council may ap- [Section 62.020 amended by Ord.824-91,Sec.12,passed February 11,1991; Ord.849-91,Sec.35,passed Nov.25.1991;ord.890.93,Sec.3,passed April prove an Industrial Master Plan.setting par- 12,1993;and Ord 965-96 Sec 77,passed Dec 9,19961 ticular standards for development within the Industrial Master Plan Area defined by such ' 62.030 Conditional Uses. plan,in accordance with provisions contained In an MP District, the following uses in the Leveton Tax Increment Plan. This are permitted as conditional uses when provision is intended to achieve a campus- authorized in accordance with Chapter 32 of like setting within an Industrial Master Plan the Planning District Standards: Area, while allowing development to occur (1) Automobile service stations with independently on a number of smaller parcels or without minimarts, provided the minimart within it. The following standards shall does not exceed 3,500 square feet of gross apply: floor area. (1) An Industrial Master Plan Area (2) Eating and drinking establish- must contain a minimum of two parcels. An mangy' Industrial Master Plan may be approved (3) Financial services. based on proposed parcel boundaries; in this (4) Outdoor storage activity or me- case development under the Industrial Master chanical equipment when proposed to oc- Plan shall be conditioned on creation of the copy more than ten percent of the total lot proposed parcels through the subdivision or area when part of and necessary for the op- partition process. eration of any permitted use. (2) The Industrial Master Plan must (5) Residence for a caretaker when be submitted jointly by the owners of all necessary for security purposes. properties within the Industrial Master Plan (6) Fire station. Area. (7) Transit terminal or transfer station. 62-.2 • • • Tualatin Development Code (3) An Industrial Master Plan may modate the proposed use, or as provided in specify, for the entire Industrial Master Plan (6)below or(7)below. Area as a whole or for each parcel within it (2) The average lot width shall be 250 individually,the following: feet. (a) Setbacks from each lot line to -(3) The minimum lot width at the buildings,parking-areas and circulation areas. _ -street shall-be 250 feet - :- = Required setbacks may be exact, or minimum (4) For flag lots, the minimum lot and maximum ranges may be specified. width at the street shall be sufficient to corn- Required setbacks may be greater than or less ply with at least the minimum access re- than those required under Section 62.060. quirements contained in Section 73.400(8) to (b) Use of a specified set of (12). building materials, colors and landscape (5) The minimum lot width at the materials. street shall be 50 feet on a cul-de-sac bulb. (c) Locations of shared parking (6) Lots or remnant areas created by and circulation areas, including truck maneu- the location of public streets may be less than vering and loading areas. 40 acres if necessary to create a logical, safe (d) Placement and massing of network of streets in the District buildings with respect to parcel boundaries. (7) No minimum lot size, width or (e) Location and orientation of frontage requirement shall apply to wetland building elements such as main entrances and conservation lots. 62.050 amended by Ord.766-89,Sec truck loading facilities, including the number 1,passed Jan 9,1989;Ord.866.92 Sec 21,passed April 27,1992;Ord.890- 93,Sec 6,passed April 12,1993;and Ord.965-96,Sec 78,passed Dec 9, of truck loading docks required. 19961 (4) Except as specifically provided in subsection (3) above, all other provisions of 62.060 Setback Requirements. • this Code shall apply within an Industrial All structures located in an Master Plan Area. In the absence of specific MP district, shall conform to the following requirements in the Industrial Master Plan property line setback requirements: per subsection (3) above, all appropriate (1) Industrial Planned Development provisions of this Code shall apply. pection 6204s Properties subject to an Industrial Master Plan added by Ord.89493,Secs,passed Aprd 12,19931 approved by the Tualatin City Council in accordance with the Leveton Tax Increment 62.050 Lot Size. Plan, as amended, shall be subject to setback Except for lots for public utility Mali- requirements as contained in the Industrial ties, natural gas pumping stations and wire- Master Plan. Where no setback requirement less communication facilities which shall be is specified in such Plan, this section shall established through the Subdivision, Partition apply. or Lot Line Adjustment process, the following (2) Yards Adjacent to Streets or Al- requirements shall apply: leys. (1) North of SW Leveton Drive (a) Except as otherwise provided (including its westerly extension to the west- in an approved Industrial Master Plan, the ern edge of the Planning District) the mini- minimum building setback for parcels south mum lot area shall be 40 acres, and south of of SW Leveton Drive is 60 feet. The minimum SW Leveton Drive (including its western building setback for parcels north of SW extension) the minimum lot area shall be five Leveton Drive is 100 feet. - acres, except in the case of a conditional use (b) Except as otherwise provided for which the Council shall set the minimum than approved Industrial Master Plan, the lot size and dimensions necessary to accom- minimum setback to any parking or circula- tion area is 50 feet. 62-3 • 4 Tualatin Development Code (3) Side and Rear Yards Not Adjacent (2) Height Adjacent to a Residential to Streets or Alleys. District Where a property line, street or alley (a) Except as otherwise provided separates MP land from land in a residential in an. approved Industrial Master Plan, the district, a building, flagpole, or wireless com- - minimum setback for parcels south of SW munication .support structure shall not be Leveton Drive is-0-to-50 feet, as-determined_ - -greater than 28:feet in height at the-required through the Architectural Review Process. 50 foot or 100 foot setback line. No building The minimum setback for parcels north of SW or structure, including flag poles, shall extend Leveton Drive is 50 feet above a plane beginning at 28 feet in height (b) Except as otherwise provided above that required 50 foot or 100 foot setback in an approved Industrial Master Plan, all line and extending away from and above the parking and circulation areas shall be set back setback line at a slope of 45 degrees, subject a minimum of 5 to 25 feet from the property always to the maximum height limitation set line, as determined through the Architectural in subsection(1)above. Review Process. However, no setback is (3) Wireless Communication Support required from lot lines lying within ingress Structure. The maximum structure height for and egress areas shared by two or more a wireless communication support structure abutting properties in accordance with the and antennas is 100'. pectic.62.080 amended by Ord.792- provisions of TDC 73.400(2). 90,Section 7 passed January 8,1990;and Ora.965-96,Sec.80,passed Dec 9,1996.] (c) No spur rail track shall be permitted within 200 feet of an adjacent resi- 62.090 Access. dential district Except as provided below for preser- (d) No setbacks are required at vation of wetlands, parks or greenways, no points where side or rear property lines abut a lot shall be created without provision for railroad right-of-way or track access to the public right of way in confor- (4) No fence shall be constructed mance with the provisions of Section 73.400 within 50 feet of a public right-of-way. and Chapter 75. Such access may be pro- (5) Setbacks for a wireless communi- vided by lot frontage on a public street, or via cation facility shall be established through the permanent access easements over one or Architectural Review process, shall consider more adjoining properties, creating uninter- TDC 73.510 and shall be a minimum of 5 feet. �62.060 amended by Ord.862-92,Secs.45&46,passed March 23,1992; rupted vehicle and pedestrian access connec- [Sec 890-93,Sec 7,passed Apnl 12,19911;and Ord.965-96,Sec.79,passed tions between the subject lot and the public Dec 9,19961 right of way. Lots created for the purpose of preserving wetlands, or for the purpose of 62.070 [Repealed by Ord. 862-92, Sec. 47, preserving park lands and greenways in passed March 23, 1992.] accordance with the Parks and Recreation 62.080 Structure Height. Master Plan, may be created without such provision for public access; however private (1) Except as provided in subsection access for maintenance purposes and public (2) or (3), no structure within an MP District access to bicycle or pedestrian paths may be shall exceed a height of 70 feet, except for required [Amended by Ord.890.93 Sec 8 passed Apn112,19913] flagpoles displaying the flag of the United States of America either alone or with the 62.100 Off-Street Parking and Loading. State of Oregon flag, which shall not exceed Refer to Chapter 73. 100 feet in height above grade provided that the setbacks are not less than a distance equal 62.110 Environmental Standards. to the flagpole height Refer to Chapter 63. 62-4 • • Tualatin Development Code 62.120 Community Design Standards. Refer to chapter 73. 62.130 Landscape Standards. - - - - . - - - - _ Refer-to Chapter 73. biro added-by ova : . 725-87 Sec 13,Passed June 22,1987.- amended by Ord.862-92,Sec 48, - - - - - passed March 23,19921 • 62-5 • • Tualatin Development Code Chapter 61 General Manufacturing Planning District (MG) 61.010 Purpose and products directly related to the permitted 61.020 Permitted Uses use: 61.030 Conditional Uses (a) Assembly, packaging, proc- 61.040 Prohibited Uses essing, and other treatment of beer, coffee, 61.050 Lot Size and canned goods. 61.060 Setback Requirements (b) Assembly of electrical appli- 61.065 Urban Renewal Area-Lot Sizes ances, such as refrigerators, freezers, washing 61.075 Sound Barrier Construction machines,and dryers. 61.080 Structure Height (c) Automobile accessory sales 61.090 Access and auto parts retailing and wholesaling; auto 61.100 Off-Street Parking and Loading body and/or paint shop; auto detail shop; 61.110 Environmental Standards auto glass shop; auto inspection station 61.120 Floodplain District (exhaust emissions); auto machine shop; auto 61.130 Wetlands Protection District radiator repair shop; general auto repair, 61.140 Community Design Standards including but not limited to, repairing and 61.150 Landscape Standards rebuilding engines and repair of transmis- sions, drivelines and rearends; auto service 61.010 Purpose. shop, including but not limited to, service for The purpose of this district is to pro- air conditioners, electrical, brakes, washing, vide areas of the City that are suitable for light mufflers, oil, or lubrication, sound, transmis- industrial uses and also for a wide range of sions,tune-up,and upholstery;auto tire shop; heavier manufacturing and processing activi- and canopy sales and repair. ties. These uses are expected to be more (d) Building and home improve- unsightly and have more adverse environ- ment materials and supplies, wholesale sales mental effects than the uses allowed in the and warehousing. Light Industrial Planning District. Railroad (e) Chemical warehouse and dis- access and open storage will be allowed in tnbution. this district, conforming to defined architec- (f) Cold storage plant tural, landscape, and environmental design (g) Concrete batch plant. standards. The heaviest industrial uses that (h) Contractors shop and equip- are environmentally adverse or pose a hazard ment storage. to life and safety shall be prohibited. (i) Manufacture of the following types of products: 61.020 Permitted Uses. (i) Batteries. No building, structure or land shall (ii) Boilers. be used in this district; except for the follow- (iii) Bottles. ing uses: (iv) Brick,tiles,or terra cotta. (1) All uses permitted by TDC 60.020 (v) Cans. in the Light Manufacturing Planning District. (vi) Chainsaws. (2) Any of the following uses when (vii) Electric generators. conducted wholly within a completely en- (viii) Electric motors. closed building, except off-street parking and (ix) Electric transformers. loading, utility facilities, wireless communica- (x) Engines, larger gasoline or lion facility, and outdoor storage of materials diesel. 61-1 • • Tualatin Development Code (xi) Heating and cooling (aa) Other uses of a similar char- equipment acter found by the Planning Director to meet (xii) Industrial gases, exclud- the purpose of this district, as provided in ing chlorine. TDC 31.070. [Sec 61.020 amended by Ord 592-83,Sec 96,passed • ()CO Ladders. June 13,1983;Ord 621-84,Sec.10,passed February 13,1984;Ord.812-90, Sec.6,passed September 24,1990;Ord 819-91,Sec 1,passed January 14, (xiv) Lawnmowers. 1991;on 911-94,Sec.3,passed February 14,1994;Ord.913.94,Sec.7, (xv) Mobile homes. passed February 28,1994;and Ord 965-96,Sec.73,passed Dec.9,1996.] (xvi) Motor vehicles. (xvii)Paint 61.030 Conditional Uses. (xiii) Pet food. In an MG District, the following uses (xix) Prefabricated building or are permitted when authorized in accordance structural members for buildings. with Chapter 32 of the Planning District (xx) Rototillers. Standards. (x)d) Signs and display struc- (1) All conditional uses listed in Sec- tion 60.040 in the Light Manufacturing Plan- tures. (xxii)Windows. ning District, except those uses specifically (j) Metal casting (small to large permitted in the General Manufacturing g size) P1mDistrict are not subject to conditional (k) Metal fabrication (light to me- dium) (of unfinished or semi-finished metals). use review. (1) Petroleum product distribution (2) Resource recovery facility. and storage. (3) Refuse transfer station. (m) Planing mill. (4) Auto auction. 61.030 amended by ord. 592-83, 1983;Ord.621-84,94.]11,passed February Processing, assembly, pack- 13,1198;Ord 913 $c 8,passed February 28,19941 aging, and other treatment of small products manufactured from sheet metal, wire larger 61.040 Prohibited Uses. than 1/4 inch(0.25")in diameter,or tobacco. The following uses are expressly pro- (o) Production of agricultural hibited in the MG District,except as otherwise crops. provided in Sections 61.020 and 61.030 of this (p) Sale of machinery, farm chapter. equipment, and logging equipment, includ- (1) All residential dwellings,except as ing service and rentaL otherwise provided pursuant to Section (q) Sandblasting. 61.030 of this chapter. (r) Storage and retail sale of rock, (2) All commercial uses defined by gravel,sawdust,coal or topsoil. Chapters 50, 51, 52, 53, and 54, except as (s) Storage and sale of materials otherwise allowed pursuant to Chapter 60. salvaged from demolished buildings. (3) Others: (t) Structural-mechanical testing (a) Auto wrecking. laboratories. . (b) Commercial radio or TV (u) Truck terminal broadcasting antennas. (v) Truck tire sales and service. (c) Creosote treatment of prod- (w) Truck wash. ucts. (x) Welding shop. (d) Distillation of bones. (y) Wireless communication facil-, (e) Distillation of oil, coal, wood ity attached. or tar compounds. (z) Wireless communication facil- (f) Fat rendering. ity. (g) Forge plants. (h) Junk or salvage yard. 61=2 • • Tualatin Development Code (i) Manufacture of the following (5) For flag lots, the minimum lot products: width at the street shall be sufficient to corn- (i) Acid. ply with at least the minimum access re- (ii) Ammonia. quirements contained in Section 73.400(8) to (iii) Bleaching powder. (12). (iv) Celluloid pyroxylin. (6) The minimum lot width at the (v) Cement, lime, gypsum street shall be 50 feet on a cul-de-sac street and plaster of pans. [Section 61.060 amended by Ord.866-92,Sec.20,passed Apn127,1992;and Ord.965-96,Sec.74,passed Dec 9,1996.] (vi) Chlorine gas. (vii)Creosote. 61.060 Setback Requirements. (viii)Disinfectant. All structures located in this district (ix) Dye stuffs. shall conform to the following property line (x) Explosives. setback requirements: (xi) Fertilizer. (1) Front yard. The minimum setback (xii)Herbicides. is 30 feet When the front yard is across the (xiii)Insect poison. street from a residential or Manufacturing (xiv)Radioactive materials. Park (MP) District, a front yard setback of 50 (xv) Soap. feet is required. When a dedication is granted (xvi)Sodium compounds. on the subject property for a greenway or (xvii)Tar roofing, water- natural area, the minimum setback is 10-30 proofing and other tar products. feet as determined through the AR process, () Rock crushing. with the exception of front yards across the (k) Rolling mills. street from a residential or MP District (1) Saw mill. (2) Side yard. The minimum setback (m) Slaughter of livestock or poul- is 0 to 50 feet, as determined through the Architectural Review process. When the side (4) Handling, storage, processing, or yard is adjacent to a property line or across other activities dealing with hazardous, toxic, the street from a residential or Manufacturing or radioactive waste. [Sec.61.040 amended by Ord.592-83, Park (MP) District, a side yard setback of 50 X98,passed June 13.1983;and Ord.621-84,Sec.12,passed Feb. 13, feet is aired. ] required. (3) Rear yard. The minimum setback 61.050 Lot Size. is 0 to 50 feet, as determined through the Except for lots for public utility facili- Architectural Review process. When the rear ties, natural gas pumping stations and wire- yard is adjacent to a property line or across less communication facility which shall be the street from a residential or Manufacturing established through the Subdivision, Partition Park (MP) District, a rear yard setback of 50 or Lot Line Adjustment process,the following feet is required. requirements shall apply: (4) Corner lot yards. The minimum (1) The minimum lot area shall be setback is the maximum setback prescribed 20,000 square feet for each yard for a sufficient distance from the (2) The minimum lot width shall be street intersections and driveways to provide 100 feet adequate sight distance for vehicular and (3) The minimum average lot width pedestrian traffic at intersections and drive- at the building line shall be 100 feet. ways, as determined through the Architec- (4) The minimum lot width at the tural Review process. street shall be 100 feet (5) Off-street parking and vehicular circulation areas shall be set back a minimum 61-3 III • • Tualatin Development Code of 5 feet from any property line, except where located so as to reflect sound away from, a setback is adjacent to public streets or any rather than toward,noise sensitive properties. Residential or Manufacturing Park Planning This may include masonry "wing walls" District where a minimum setback of 10 feet is attached to a building, detached masonry required. walls (such as at the perimeter of the site), (6) No spur rail trackage shall be earth berms,or combinations of the three. permitted within 200 feet of an adjacent resi- (4) Wing walls must be at least as tall dential district as the tallest overhead door they are designed (7) No setbacks are required at points to screen at the point where they meet the where side or rear property lines abut a rail- building. The height of the wall may be road right-of-way or spur track reduced along a maximum incline formed by (8) No fence shall be constructed a horizontal distance twice the vertical change within 10 feet of a public right-of-way. in height,or 26.5 degrees from horizontal. (9) Setbacks for a wireless communi- (5) "Straight-line lateral path" shall cation facility shall be established through the mean a direct line between two points as Architectural Review process, shall consider measured on a site plan. "Wing wall" shall TDC 73.510 and shall be a minimum of 5 feet mean a wall that is attached to a building on [Sec.61.060 amended by Ord 592-83 Sec 99,passed June 13 1983;Ord. one side and meets the screening require- 621-84,Sec.13,passed February 13, 1984;Ord.862-92,Sec 42,passed Mater 23.1`9 Ord.` -93,see 42,passed September 13,1 ;and Ord. ments of(1) and (2) of this section. "Building %5.96,Sec 75,passed Dec 9,19961 mechanical device" shall include, but is not 61.065 Urban Renewal Area-Lot Sizes. necessarily limited to, heating, cooling and The minimum lot size within the Ur- ventilation equipment, compressors, waste ban Renewal Area shall conform to the lot evacuation systems, electrical transformers, sizes described on Map 9-3. [sec.61.065 added by Ord and other motorized or powered machinery 635-84,Sec 29,passed June 11,1984;amended by Ord.694-86,Sec 6 located on the exterior of a building. passed May 27,1986.] (6) Where existing structures. (on or off site) are located such that they will reflect 61.070 [Repealed by Ord. 862-92, Sec. 43, sound away from residential areas and will passed March 23,1992.] function as a sound barrier, on-site sound barrier construction shall not be required, 61.075 Sound Barrier Construction. except that at the time such structures are (1) Sound barrier construction shall be removed, sound barrier construction shall be used to intercept all straight-line lateral paths required. of 450 feet or less between a residential prop- (7) New construction,including addi- erty within a residential planning district and tions or changes to existing facilities, shall any side edge of an overhead door or other comply with the provisions of this section. doorway larger than 64 square feet, at a When additions or changes to existing facili- minimum height of eight feet above the floor ties are proposed, existing structures on the elevation of the doorway. property may be required to comply with the (2) Sound barrier construction shall be provisions of this section, as determined used to intercept all straight-line lateral paths through the Architectural Review process. of 450 feet or less between a residential prop- Where buildings or outdoor use areas located erty within a residential planning district and on more than one parcel are all part of a single any building mechanical device at a mini- use as determined through the Architectural mum height equal to the height of the me- Review process, all of the parcels may be chanical object to be screened. required to comply with the provisions of this (3) Sound barrier construction shall section. [See.61.075 added by Ord.812-90,Sec.7,passed September consist of masonry walls or earth berms 24.1 .] 61-4 • • Tualatin Development Code lion element of the Tualatin Public Facilities 61.080 Structure Height. Plan, may not be required to abut a public (1) Except as provided in subsection street. )Sec.61.090 amended by Ord.872-92,Sec.17,passed June 29, (2), (3) or (4) of this Section, no structure 1992.) within an MG District shall exceed a height of 61.100 Off-Street Parking and Loading. 60 feet and flagpoles which display the flag of Refer to Chapter 73. the United States of America either alone or p with the State of Oregon flag shall not exceed 100 feet above grade provided that the set 61.110 Environmental Standards. backs are not less than a distance equal to the Refer to Chapter 63. flagpole height. (2) The maximum permitted struc- 61.120 Floodplain District ture height provided in Section (1) of this Refer to Chapter 70. Section may be increased to no more than 100 feet, provided that all yards adjacent to the 61.130 Wetlands Protection District. structure are not less than a distance equal to Refer to Chapter 71. the height of said structure. (3) Height Adjacent to a Residential 61.140 Community Design Standards. District. Where a property line, street or alley Refer to Chapter 73. separates MG land from land in a residential 61.150 Landscape Standards. district, a building, flagpole, or wireless corn- Refer to Chapter 73. 61.150 added ord munication support structure shall not be p by greater than 28 feet in height at the required passed Mara June 22,1987. Amended by ord 862-92,Sec. 50 foot setback line. No building or structure, including flagpoles, shall extend above a plane beginning at 28 feet in height at the required 50 foot setback line and extending away from and above the setback line at a slope of 45 degrees, subject always to the maximum height limitation set in subsection (1)and(2)above. (4) Wireless.Communication Support Structure. The maximum structure height for a wireless communication support structure and antennas is 100'. [Section 61.080 amended by Ord.792- 90,Section 6,passed January 8,1990;and Ord.965-96,Sec.76,passed Dec 9,1996.) 61.090 Access. All lots created after September 1, 1979, shall abut a public street, excepting secondary condominium lots, which shall conform to the access provisions, as required herein by Section 73.400. Lots created for the purpose of preserving wetlands identified by Chapter 71 of these standards, or for the purpose of preserving park lands and green- ways in accordance with the park and recrea- 61-5 • - •, f o 161 High St.SE JOHN L. BROSY Suite 204 Salem,OR 97301 - Land Planning and Development Services (503)316-1842 April 25, 2000 . . Tigard City Council 13:125 SW Hall Boulevard Tigard, Oregon 97223 Re: Request to Amend Zone Ordinance.(Legislative) Commercial Day Care Uses in Industrial Zones , Members of City Council: We look forward to completing our presentation regarding an improvement to the Tigard Zoning Code. We believe that not allowing commercial day cares as either outright or conditional uses in the I-L or I-H zones was probably originally an oversight in the Tigard . Code. In order to properly support the important industrial uses in the City and in order to provide a needed, convenient service to workers in those industrial areas that have young children, we propose that consinercial day cares be added as conditional uses in • the I-I;and I-H'zones. - ' Statewide Goal 9Economic Development requires all cities in the state to provide adequate opportunities for a variety of economic activities vital to the health, welfare and ' prosperity Of its citizens. Nearly every other city in the region recognizes the need to locate day cares near.places of industrial employment, as you have seen in our comparison matrix. The cities of Portland, Beaverton, Tualatin, Salem and.Gresham all respond to the - Statewide Goal by allowing commercial day cares as outright of conditional uses in their_ • various industrial:zone areas. -By not allowing.commercial day cares in any manner in the I-L or I-H zones;the code places Tigard's important industrial areas at a competitive disadvantage in the metro region. We have shown that these uses typically use only less than an acre for each site so are not significant threats to the supply of industrial zoned land in Tigard. The concentration of industrial zoning in the Southeast section of the City of Tigard makes siting of commercial ; . day cares extremely.difficult. • • Tigard City Council • April 25, 2000 Page 2 . We suggest,the following conditional use approval criteria be added to the code when listing commercial day cares as conditional uses in the I-L.and I-H zones. . V'Ir •A. -The proposed use will not have significant adverse-effects_on:nearby industrial firms. B. •The transportation system is capable of safely, supporting.,ihe•proposed use in addition to'the existing rises in the area. . 0r C. The_proposed use will not significantly'alter the,overall industrial character of the • area, based on the existing proportion of industrial and lion-industrial uses. V4 — D. there is a demonstrated need for this.use,. based on the proximity of other similar uses, waiting.lists for existing businesses,,and/or;other relevant information relating to public need. Commercial day care Uses should also be controlled so that individual day care . business May occupy more than one•acre in the.industrial zones. Also a minimum of 2,500 sq... q,fl. of outdoor play area should also be rewired. . • • We believe this proposal enhances the industrial area of Tigard:and:will be an ' improvement to the City Code. Thank you for.you consideration Of this important matter. Sincerely, . , ®.° i = ( \ n L..Brosy, AICP . representing the code change request. ' • • • • CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENTy"` xl!I�' PLANNING DIVISION CITY OF TIGARD 13 125 SW HALL BOULEVARD Community Development A Better Community TIGARD, OREGON 97223 WI 71-7 TA L. HEET Zeotee 06 Payed 1044449 eover S'4,-et (4) DATE: April 18, 2000 TO: John Brosy PHONE: (503) 316-1842 161 High Street FAX: (503) 362-2541 Salem, OR 91301 FROM: Patty Lunsford, Planning Secretary PHONE: (503) 639-4111 x320 City of Tigard FAX: (503) 684-1291 Planning Division RE: 10A1999-00003 REVISIONS TO COUNCIL AGENDA ITEM SUMMARY AND RESOLUTION If you have any questions regarding the revisions, please speak directly to Julia Hajduk at x407. Thanks 0 . . • 5 AGENDA ITEM# FOR AGENDA OF April 25,2000 CITY OF TIGARD,OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Zone Ordinance Amendment(Z0A1999-00003)to allow daycare uses in Industrial Zones • ,,// PREPARED BY: Julia Hajduk DEPT HEAD OK a, ' . �/ ITY MGR OK G� ISSUE BEFORE THE COUNCIL Should the Council take the Planning Commission's recommendation to deny the requested Zone Ordinance Amendment to allow daycare uses in Industrial Zones? STAFF RECOMMENDATION Deny the requested Zone Ordinance Amendment. INFORMATION SUMMARY This meeting is a continuation of the Public Hearing opened April 11, 2000. The Council voted to continue the public hearing to receive testimony until they had the opportunity to review the applicant's submittal items which were inadvertently left out of the Council packet. The Planning Commission held a public hearing on the request on March 6, 2000. At that meeting, the Commission voted 5-2 to deny the requested amendment. The applicant has requested the amendment to allow daycare uses either conditionally or outright in all Industrial Zones. At the April 11, 2000, meeting the applicant testified that day cares should be permitted outright in the Light Industrial zones and conditionally in the Heavy Industrial zones. Staff reviewed the request along with the applicable City and State requirements and recommended denial. Several factors led staff to recommend denial, most importantly was that fact that there is a very limited amount of vacant Industrial land remaining in the City and it should be preserved for uses that are Industrial and can not locate in other zones within the City. The attached Planning Commission recommendation outlines the applicable criteria and issues. The two Planning Commissioners that voted against denial did so because they felt that the use was compatible with Industrial uses and should be permitted. The five Commissioners voting to deny the request felt that Industrial land was too limited to allow additional daycare uses. They also felt that the proposed request was more site specific than legislative and did not feel it was appropriate to change all Industrial zones for a specific site. Minutes of the March 6, 2000, Planning Commission Public Hearing are included in this packet. At the April 11, 2000, meeting the applicant clarified that he was asking for a change to allow day care uses outright in the I-L zone and conditionally in the I-H zone. Staff's analysis considered both outright and conditional uses, therefore the recommendation and analysis would not change as a result of this clarification. As noted on page 6 of the Planning Commission recommendation, a conditional use process would not provide for disapproving a daycare facility, it would just set standards that would have to be met in order to be approved. There is no real benefit in making a use conditional because if the standards are met, the use must be approved. No conditional use standards were proposed by the applicant. If the Council chose to permit daycare, the existing ordinance standards for outright permitted uses are sufficient to process applications. It is still staff's opinion that because of the limited amount of industrial land in the City; the request should be denied. The applicant raised an issue related to the amount of time elapsed since the initial application was filed. The application was filed July 12, 1999. A letter explaining deficiencies in the application and deeming it incomplete was sent on August 11,1999, within the 30 day review period. The applicant resubmitted materials after a long delay and the application was deemed complete and processing began on January 19, 2000. The service standards for a code amendment is 3-4 months. Exhibits: A — Planning Commission Recommendation and Planning Commission Minutes B —Applicant's submittal materials C — Letters received before and during the hearing on April I I, 2000 D — Map of vacant Industrial Land in the City of Tigard • • OTHER ALTERNATIVES CONSIDERED Approve the requested Zone Ordinance Amendment and direct that the appropriate ordinance language be drafted for Council review. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A • . FISCAL NOTES N/A • • • • 1:curpin\julia\Z_OAI999-03AIS3.doc I7-April-00/9:30 AM ..r:' i. A•,- »yes-Fh-F' _ti'e - w.. r t. .'i: :''Y'7.. L.'.e'; K.d2 � . 3 'F.d':' Za` �`. i' J��.. :Y. •�'�. �E�S.:>r,:"': _ .. t+ ,!, - r'. r •' CIT Y40F - •:i-': $71�.'-ib,,;s.'' .:'�s.a. Y A e ir G " i< ? b TIGARD, ORE �4 f rya, Aang, b�' .t1i+i RESOLUTION NO.00- .'" A RESOLUTION DENYING A REQUESTED ZONE ORDINANCE AMENDMENT(ZOA1999-00003) TO ALLOW DAYCARE USES IN INDUSTRIAL ZONES WHEREAS,the Planning Commission held a Public Hearing on March 6,2000 on the request and voted to recommend denial to the City Council in accordance with the signed Planning Commission recommendation,as attached(Exhibit A);and WHEREAS, the City Council opened a Public Hearing on the request on April 11, 2000 and heard testimony on April 25,2000;and WHEREAS, there is limited amount of industrial land available for industrial uses within the City of Tigard; and WHEREAS, the requested Zone Ordinance change has been reviewed for consistency with applicable City and State criteria; and WHEREAS, the City Council fords that approving this request would not be in the best interest of the City of Tigard. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The requested Zone Ordinance Amendement to allow daycare uses in Industrial Zones is denied. SECTION 2: The City Council hereby adopts"Exhibit A"as its findings. PASSED: This day of ,2000. Mayor-City of Tigard ATTEST: • City Recorder- City of Tigard is\curpin\julia\zoa 1999-03 RES2.doc 12-April-00/9:00 AM RESOLUTION NO. 00- Page 1 of 1 04/18/00 15:00 e503 684 7297 CITY OF TIGARD a001 • *************************** *** ACTIVITY REPORT *** *************************** TRANSMISSION OK TX/RX NO. 5627 CONNECTION TEL 503 362 2541 CONNECTION ID START TIME 04/18 14:57 USAGE TIME 02'53 'PAGES 4 RESULT OK CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT Ao; PLANNING DIVISION • CITY TIOA D 13125 SW HALL BOULEVARD Community Deve&pment Shaping,a BetterCom*munity TIGARD, OREGON 97223 • F - RV N. S V1 TS HE ET-- •zl 71aar8es Paged 9 g eouez Sit (41 DATE: April 18, 2000 TO: John Brosy PHONE (503)316-1841 161 High Street FAX (503) 362-2541 Salem, OR 91301 FROM: Patty Lunsford, Planning Secretary PHONE: (503) 639-4111 x320 City of Tigard FAX: (503) 684-1297 Planning Division RE: ZOA1999.00003 REVISIONS TO COUNCIL AGENDA ITEM SUMMARY AND RESOLUTION • • If you have any questions regarding the revisions, please speak directly to Julia Hajduk at x407. Thanks . • • Lis • Agenda item No. ` s Meeting of (0.13. 0 D TIGARD CITY COUNCIL MEETING MINUTES APRIL 11, 2000 • STUDY SESSION > Meeting was called to order at 6:35 p.m. by Council President Moore > Council Present: Councilors Paul Hunt, Council President Brian Moore, Joyce Patton, and Ken Scheckla, Mayor Nicoli (arrived 6:45 p.m.) > Staff Present: City Manager Bill Monahan; City Recorder Catherine Wheatley; City Engineer Gus Duenas; City Attorney Jim Coleman; Volunteer Coordinator Susan Koepping; Asst. to the City Manager Liz Newton; Community Development Director Jim Hendryx; Public Works Director Ed Wegner; Library Volunteer Coordinator Trish Stormont; Officer Jim Wolf; Planning Manager Dick Bewersdorff; Associate Planner Duane Roberts > Review: New Process—Recognition of Volunteers as They Resign or Retire from Committees, Commissions or Task Forces Susan Koepping, Volunteer Coordinator, discussed the staff concern about appropriately thanking the volunteers serving on Boards, Commissions and Task Forces when they leave. She mentioned establishing guidelines for a two-tiered approach: presenting a Certificate of Appreciation at a Council meeting to those leaving the Planning Commission, Budget Committee and Library Board, and sending a letter signed by the Mayor to those leaving the short-term task forces. She indicated that they could give both groups a City of Tigard mug or a City-logo pin. Councilor Scheckla suggested making the recognition retroactive to the Housing Task Force. Bill Monahan, City Manager, indicated that staff intended to reconvene the Housing Task Force for an update on the Housing Code. He concurred that that would be an appropriate time to thank them. The Council agreed by consensus with the staff recommendation. > Discussion of Funding for Growth Management Caucus City Manager Monahan asked for Council direction on whether the City should continue to participate in the Growth Management Caucus at a membership fee of$5,000 a year. He explained that the activity level of this group (originally convened to allow the jurisdictions to speak to Metro with a common voice with respect to the development of the Functional Plan) has fallen off significantly. He indicated that both the Council liaison Brian Moore and the staff representative Nadine Smith supported leaving the group, as the City now obtained the information provided by the Caucus from other sources. He mentioned the possibility that other jurisdictions, such as Tualatin, might speak to the City about CITY COUNCIL MEETING MINUTES —APRIL 1 1, 2000 — Page 1 • • continuing its participation because they believed that the jurisdictions still needed to speak with a common voice. Council President Moore confirmed to Councilor Hunt that he did not think the City's participation was necessary any longer. Councilor Scheckla asked staff to provide a breakdown of which jurisdictions participated, what their membership fees were, and who else was thinking of leaving the group. City Manager Monahan pointed out that Council did not need to decide on this issue until it adopted the budget. Mayor Jim Nicoli arrived at 6:45 p.m. > Discussion of Senn Property Jim Hendryx, Community Development Director, reviewed the location of the Senn property,in the Metzger area near the Washington Square Estates. He recalled that the Council has looked at the property three times before but each time elected not to purchase it at the $1 million asking price, given its isolated location. Community Development Director Hendryx explained that Metro was now considering designating the property as a headwater property for Fanno Creek, thus making it eligible to receive 75% funding from Metro. He commented that the 25% local share of$250,000 was still a large amount of money. He mentioned the neighbors' interest in participating. He asked if the Council was interested in purchasing the property. The Council discussed the issue. Community Development Director Hendryx confirmed to Councilor Hunt that Metro required the property to be used as a passive nature park. Community Development Director Hendryx referenced the new state grant program allocating money for local jurisdictions to apply for two $250,000 grants per cycle with a 50/50 match. He indicated that those interested in purchasing the property wanted to apply for a grant, only the City did not know if there was a willing seller (as required by Metro), and the grant application deadline was in three weeks. Councilor Moore mentioned a rumor that the owner had a buyer for the property. • Community Development Director Hendryx mentioned the three properties that the Trust for Public Lands wanted to work with the City to purchase by making application for two state grants of$250,000. He indicated that the issue was the City's contribution of$150,000. He confirmed that staff would present a more thorough report on these properties and the other City greenspace properties and projects during the regular meeting. City Manager Monahan noted that the Trust contacted staff only four weeks ago, thus the short timeline. He explained that the Trust brokered land purchases and turned the land over to local jurisdictions for maintenance. Councilor Hunt questioned why staff brought the Gage property back when the Council has already turned it down. City Manager Monahan commented that staff had the same reaction but felt that the City needed to get involved because the Trust representatives were organizing people in the community in support of these properties, saying that if the City CITY COUNCIL MEETING MINUTES —APRIL 11, 2000 —Page 2 • • were a part of it, then they could make it happen. He mentioned that the grant money was an interesting opportunity to make it work. Councilor Scheckla discussed his concern at the City's loss of the SDC revenues in the urban services area, and the location of these properties outside the city limits. He noted that neither the residents nor the Homebuilders paid anything to the City for the benefits they received if the City purchased property in this area. He spoke to Washington County setting aside the SDC money from this area for the City to use in this area. He asked why they could not annex the area. City Manager Monahan reviewed the staff work with the County on the SDC issue, including obtaining the Homebuilders' input as requested by Chair Brian. He noted the Homebuilders' argument that the general fund, not SDCs, should pay for parks in the area. He indicated that they could not use Tigard's general fund to purchase properties lying outside the city limits but neither could the City force the area to annex. He mentioned City Attorney Ramis' opinion that the City could have the County do an SDC, commenting that Homebuilders' opposition was a given. City Manager Monahan concurred with Councilor Scheckla that the City lost revenue the longer it took to get appropriate SDCs in the Bull Mountain area. He spoke to reviewing the City's methodology for assessing SDCs, given the City's philosophy that it should buy parkland for active recreation with SDCs. He pointed out that if the City spent its money on greenspaces, then it further depleted what money it had to purchase flatland park properties. Community Development Director Hendryx mentioned another possibility of delaying a Metro greenspaces trail construction at Fowler Junior High and re-allocating that money to the $150,000 match on the Trust property. Councilor Hunt commented that the Council already decided against purchasing the Trust properties because the City had sufficient greenspace land in that area. Councilor Moore commented that the reason he remembered was that the Council did not feel that the land was worth the full price. - Councilor Scheckla reported that Michael Trigoboff and Bev Froude each spoke to him about the Senn property. Councilor Moore mentioned that Ms. Froude told him that she hoped to start a grass roots movement for support to help offset the costs of the property next to the school property. Councilor Hunt raised'a point of order and asked to continue the discussion during the regular meeting. CITY COUNCIL MEETING MINUTES —APRIL 11, 2000 —Page 3 • • > EXECUTIVE SESSION The Tigard City Council went into Executive Session at 7:10 p.m. under the provisions of ORS 192.660 (1) (d), (3), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. > Council President Moore reconvened the study session at 7:17 p.m. > ADMINISTRATIVE ITEMS • Cathy Wheatley, City Recorder, distributed a budget narrative to the Council, asking for their feedback on the changes. • City Manager Monahan asked which Councilors could attend the Walnut Island Open House at Fowler Middle School on May 17, the effective annexation date. Council President Moore and Councilor Patton each indicated that he/she could attend; Councilors Hunt and Scheckla said that they would check their schedules; Mayor Nicoli said that he could not attend. • City Manager Monahan mentioned a discussion he and Councilor Hunt had with respect to abstentions in a Council vote. He reviewed the Code definition of a"vote"on the Council, indicating that, as long as a quorum was present, a vote was a valid vote, even if it included abstentions. He noted that the majority of the votes cast prevailed. He indicated that, under his interpretation of the Code language, an abstention did not count as a vote. Jim Coleman, City Attorney, indicated that, according to Roberts' Rules of Order, an abstention was counted on the prevailing side. He concurred with Councilor Hunt that the City Code did not specifically reference Roberts' Rules but held that if it did apply, it would support City Manager Monahan's conclusion. He confirmed that an abstention did not count as a vote (under the City Code), and that a Councilor could not stop something from passing by abstaining; he/she had to vote `no' to stop something. He confirmed to Council President Moore that if one person voted and four abstained, the motion passed because the majority of the votes cast prevailed. City Manager Monahan mentioned Councilor Hunt's suggestion that the Council put this interpretation in writing. He suggested doing so during the July review of the Council ground rules. The Council agreed by consensus to record this interpretation in writing. • City Manager Monahan mentioned Councilor Hunt's suggestion that someone from the City Attorney's office attend the Intergovernmental Water Board meeting tomorrow night. Attorney Gary Firestone has interpreted that water rates are not exempt from the Sizemore taxpayer protection initiative because they are not an incurred charge (although building fees were an incurred charge and therefore exempt). He confirmed to Councilor Hunt that he would check with Mr. Wegner before talking with Mr. Ramis about sending an attorney to the meeting. CITY COUNCIL MEETING MINUTES —APRIL 11, 2000 —Page 4 • • Councilor Hunt described a scenario in which the City of Portland raised its wholesale water rates but this measure would prohibit the City from passing the increase through to the users. Mr. Coleman noted a special exemption in the measure that allowed the pass through of increased costs of wholesale costs that were not government employee labor costs or otherwise under the charging government's control. He commented that the wholesale rate probably included a labor cost component. He indicated that Portland has taken the position that water rates were incurred charges, a conclusion with which the Tigard City Attorney's office disagreed. City Manager Monahan concurred with Councilor Hunt that the last action taken on water rates involved redistribution, not an increase, noting that it occurred before December 1998 and did not fall under the measure. Councilor Hunt reported that the Tigard Water District representatives were likely to advocate a rate increase, based on a study the Board had started before the initiative. He mentioned Mr. Wegner's reluctance to increase rates and then need to refund the money. He suggested increasing the rates, putting the money in reserve where it would earn interest, and waiting on the outcome of the election before spending the money. > Mayor Nicoli adjourned the study session at 7:35 p.m. 1. BUSINESS MEETING 1.1 Call to Order- City Council & Local Contract Review Board Mayor Jim Nicoli called the meeting to order at 7:36 p.m. 1.2 Roll Call Mayor Jim Nicoli, Councilors Joyce Patton, Ken Scheckla, Paul Hunt and Brian Moore were present. 2. VISITOR'S AGENDA: No visitors. 3. PROCLAMATIONS Mayor Nicoli stated that he would sign the three proclamations later this evening. a. Proclaim the Month of April as Volunteer Appreciation Month b. Proclaim April 24-30 as National Community Development Week c. Proclaim April 11 as Tigard Public Library Thank You Day Paula Walker, Library Circulation Manager, spoke of the crucial role that the Tigard citizens played in the successful development of the community through their tax dollars and their volunteer work. She said that the Library staff decided to select today as the `Thank You, Tigard" day (during the National Library Week celebration) in order to voice their thanks for the community support for the library throughout the years. She reviewed the activities developed by the staff to commemorate the day, including a staff thank you card to the community. CITY COUNCIL MEETING MINUTES —APRIL 11, 2000—Page 5 • • Trish Stormont, Library Volunteer Coordinator, announced that this Thursday at 10:00 a.m. the Library would honor 31 special volunteers who have provided a significant number of hours of volunteer service to the library. She presented certificates of appreciation and a Tigard pin to two student volunteers who could not attend that ceremony: Kyra Grover and Jan Permit. 4. CONSENT AGENDA Motion by Councilor Scheckla, seconded by Councilor Hunt, to approve the Consent Agenda. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") [5-0] 4.1 Approve Council Minutes of: February 22 and March 14, 2000 4.2 Receive & File: a. Tentative Agenda b. Council Calendar c. Solid Waste Annual Report for Calendar Year 1999 4.3 Appoint Jane Ann Smith to the Library Board—Resolution No. 00-14 4.4 Approve Budget Adjustment No. 8 to Fiscal Year 1999-00 Budget to Transfer Funds from General Fund to Facility Fund for Costs Associated with BML Architects for New Library Development—Resolution No. 00-15 4.5 Local Contract Review Board a. Award Bid for the Purchase of a New 4x4 Diesel Wheel Tractor with Front Loader and Backhoe to Western Power and Equipment Corporation 5. INTRODUCTION—NEW LIBRARY BOARD MEMBER JANE ANN SMITH • Mayor Nicoli recognized Jane Ann Smith, the newest Library Board member. He thanked her for volunteering. Councilor Moore commented that he and Councilor Patton had found it difficult to chose from the large number of well-qualified citizens who applied for the position. 6. UPDATE: TIGARD BEYOND TOMORROW Liz Newton, Assistant to the City Manager, explained that the staff members who coordinated the work on the different target areas would present the updates to the Council. o Community Character Cathy Wheatley, City Recorder, discussed the target area goal of working with the Central Business District to set the course for the future of the Central downtown area. She recounted the Central Business District Association's work with the Oregon Downtown Development Association to conduct an onsite analysis of the downtown. She read several excerpts from the Executive Summary of the ODDA report, speaking to the importance of strengthening the downtown as the heart of the community through design, mixed-use development, collaborations and incorporation of Tigard's history and culture. CITY COUNCIL MEETING MINUTES —APRIL 11, 2000—Page 6 • • Ms. Wheatley reported that the Central Business District Association has spent $10,000 of the $20,000 released to it by the City for the ODDA work. She noted that the City set aside . $50,000 in the current budget for consultant services. o Growth and Growth Management Jim Hendryx, Community Development Director, reviewed the work of the Washington Square Regional Center Task Force in developing a plan to accommodate growth while protecting the character and livability of neighborhood areas. He noted the Council adoption of the plan in February with delayed implementation until staff developed a refinement plan to deal with storm water management, infrastructure needs, and open space provision. Community Development Director Hendryx discussed the staff work on the annexation of the Walnut Islands as part of achieving the goal to provide urban services to all citizens within Tigard's Urban Growth Boundary. He mentioned the assistance of Washington County as critical to the successful annexation, effective on May 15. He noted the Open House hosted by the City on May 17 at Fowler Middle School. o Public Safety Officer Jim Wolf, Tigard Police Department, discussed the Department's survey of 485 businesses in Tigard as part of the goal to develop effective partnerships with residents, businesses and service providers in order to enhance public safety. He indicated that the Department has conducted several training sessions for businesses as a result of the survey. Officer Wolf described the Department's first community policing project, the assignment of an officer to serve as a direct resource to the Main Street businesses. He mentioned the naming of Villa La Paz as Tigard's first enhanced safety property as part of the nationally recognized Enhanced Safety Property Program, in which police departments worked with multi-family properties. - o Transportation and Traffic Gus Duenas, City Engineer, discussed the significant strides made by the City to improve traffic flow in the City, describing the realignment of the Walnut-Tiedeman intersection and the Gaarde Street Extension from Quail Hollow West to Walnut Street (creating an east-west corridor from Walnut Street to Hwy 99W). He mentioned the Council's formation of the Transportation Bond Task Force to select projects for a bond on the November ballot, using a public input process. CITY COUNCIL MEETING MINUTES —APRIL 11, 2000—Page 7 • • o Urban and Public Services Ed Wegner, Public Works Director, discussed the various elements that led to the Council deciding in December to look further into the creation of a Recreation District for the Tigard area and surrounding jurisdictions. He noted that the City of Sherwood and the Sherwood School District withdrew from the partnership to pursue their own recreational facilities. He mentioned the expectation that the City of Tualatin and the Tigard-Tualatin School District would pass resolutions of support, similar to the resolution passed by the Tigard Council, to send the district to the County for inclusion on the November 2000 ballot. Mr. Wegner reviewed the City's active participation in the regional development of water sources, beginning in 1994. He mentioned the formation of the Willamette Water Supply Agency to investigate the Willamette River as a long-term water source, and the City of Tigard Charter amendment passed in September 1999 prohibiting the City from using treated water from the Willamette without a vote. He mentioned the City's current work with the South Fork Water Board (Clackamas River) and the Joint Water Commission (Trask River) in investigating possible water sources. Mr. Wegner noted that Councilor Hunt served as the City's representative on the 26-member Regional Water Consortium Board, and that Tigard staffer Kim Swan served as Chair of the Columbia River Water Conservation Coalition. Ms. Newton reported that the Vision Task Force was meeting through the end of April to review the target areas and goals. She mentioned the surveys scheduled for the Cityscape and the City's website to garner public input on the goals. Mayor Nicoli reported that the Tigard-Tualatin School District voted 5 to 0 and the City of Tualatin voted 3 to 1 in support of a recreation district. 7. UPDATE: CITY OF TIGARD VOLUNTEER PROGRAM—APRIL 1, 1999 — MARCH 31, 2000 Trish Stormont, Library Volunteer Coordinator, presented an update on the library volunteer program using a PowerPoint presentation. She mentioned the 175 active library volunteers who contributed 1,000 hours a month of service to the library or over 11,000 hours over the past 12 months. She described the work done by the volunteers that allowed the library staff to create and implement new programs to serve the public. She indicated that the primary focus of volunteer tasks lay in check-in and shelving with special projects such as program instruction, local history research and interior plant maintenance. Ms. Stormont mentioned that eight families now volunteered together at the library, the group of youth volunteers continued to grow, and five couples volunteered. She reiterated the variety of tasks performed by volunteers in making library materials available to the public. CITY COUNCIL MEETING MINUTES —APRIL 11, 2000—Page 8 • • Susan Koepping, City Volunteer Coordinator, updated the hours of volunteer service listed in the Council packet to 11,855 hours over the last 12 months or 5.7 FTE. She reviewed how volunteers contributed to the target areas and goals of the Tigard Beyond Tomorrow visioning process using a PowerPoint presentation. She mentioned the contributions of volunteers in the Adopt-a-Street Program and tree planting as part of the Community Character and Quality of Life goal. She noted the City's close work with students from the School District, mentioning the young woman who designed the Santa's workshop set and the Visioning Process logo. Ms. Koepping described the task force work in the Growth and Growth Management area and the Traffic and Transportation area as an opportunity for community volunteers to provide their input. She focused on the importance of the police reserves as part of the Public Safety target, noting Chief Goodpaster's high opinion of the Tigard reserves. She reviewed their training and job duties, mentioning the 3,500 plus hours volunteered by the police reserve officers in the past 12 months. • Ms. Koepping described how the City tried to overcome barriers to volunteering by taking projects to the volunteers who could not come to City Hall, and by making information on volunteer opportunities available at the City's website. She mentioned a trend towards the `Virtual Volunteer,' a citizen with whom the City communicated with or sent projects to via the Internet. She reiterated that April was the City's special month for celebrating their volunteers. Councilor Moore pointed out that the City and Library volunteers together provided the equivalent of 10 FTE. Councilor Scheckla asked for more information on the police reserves. Ms. Koepping indicated that currently the police reserves contained eight volunteers. Officer Wolf said that the Department had an ongoing recruitment process for reserve officers but not a waiting list. He spoke to the need to balance the reserve levels with the staffing levels for the regular police officers. He confirmed that the reserve officers could perform many of the same duties as the regular police officers, including writing citations. - 8. PUBLIC HEARING (LEGISLATIVE)—ZONE ORDINANCE AMENDMENT TO ALLOW DAYCARE USES IN INDUSTRIAL ZONES (ZOA) 1999-0003 The applicant is proposing a Zone Ordinance Amendment to change the City of Tigard Community Development Code to allow daycare uses outright or conditionally in all industrial- zoned properties. LOCATION: All Industrial Zones, Citywide. ZONES: Light Industrial, I-L; Industrial Park, I-P; and Heavy Industrial, I-H. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 5 and 12.3; The Metro 2040 Plan; and Statewide Planning Goals 2 and 9. a. Mayor Nicoli opened the public hearing and read the hearing title. b. Declarations or Challenges There were none. CITY COUNCIL MEETING MINUTES —APRIL 11, 2000 — Page 9 • • • c. Staff/Applicant Report Julia Hajduk, Associate Planner, presented the staff report. She noted the detailed staff review of the request in relation to city and state standards. She stated that staff recommended denial of the request to the Planning Commission because of the limited amount of industrial land left in the city. She noted that the Code allowed daycares in all commercial zones, residential zones with some restrictions, and up to 20% in the Industrial Park zone. She indicated that the Planning Commission voted 5 to 2 to follow the staff recommendation. She recommended that Council uphold the Commission's decision. Councilor Moore asked for clarification on the 20% allowed in the I-P zone. Ms. Hadjuk indicated that daycare was one of the listed uses allowed in up to 20% of a structure or 20% of a property. Councilor Hunt asked if a business in an industrial zone could provide a daycare for its own employees. Ms. Hajduk stated that the Planning Commission decided not to get into that issue when it was raised at the public hearing. She indicated that a business would have to meet the existing Code provisions, which did not allow daycare in I-L and I-H zones and only up to 20% of the area in the I-P zone. Ms. Hajduk confirmed to Councilor Moore that the applicant has requested daycare as an outright permitted use in all industrial zones. She clarified that the Code today would not allow daycare as a conditional use in any industrial zone. She indicated that the variance process did not apply in this situation. Councilor Moore asked if the City would violate a state mandate to maintain a certain percentage of land for industrial use if it allowed daycare as an outright permitted use. Ms. Hajduk said no, because this request did not change the zone. d. Public Testimony Mayor Nicoli reviewed the testimony time limits. Mayor Nicoli granted Mr. Brosy the 10 minutes he requested as the applicant. APPLICANT o John Brosy, land use planning consultant representing an industrial property owner in the City of Tigard • Mr. Brosy referenced a matrix in the applicant packet comparing Tigard's existing Code provisions with the codes of other jurisdictions in the area. He pointed out that nearly every other city allowed daycare in industrial zones. He commented that, when he asked staff why, the only reason staff could think of was the limited amount of industrial land available in Tigard. He noted that daycares occupied less than 40,000 square feet (less than an acre). He held that the other jurisdictions recognized that daycares were complementary to industrial uses, providing convenient childcare for working parents. Mr. Brosy discussed how the distribution of industry in Tigard, concentrated primarily in CITY COUNCIL MEETING MINUTES —APRIL 11, 2000—Page 10 • • one area, worked against locating daycare in commercial areas conveniently located nearby the industrial zones; commercial areas tended to be some distance away or non-existent with respect to the industrial zones. Mr. Brosy spoke to Tigard fine-tuning its Code to allow daycares as an outright permitted use in the I-L zone and as a conditional use in the I-H zone. He mentioned that they had examples of ordinances from other cities dealing with this matter. He referenced the matrix, noting that Portland allowed daycares as a conditional use in their general industrial and heavy industrial zones. He cited an example of Fred Meyer building a daycare across the street from its headquarters in a southeast Portland industrial zone. He pointed out that Lake Oswego's unique approach to land use did not define daycare as a use; there were no daycares close to the Lake Oswego-Tigard boundary. Mr. Brosy referenced the dissenting Planning Commissioners' remarks that daycare was a complementary use, which supported industrial uses. He described how a conveniently located daycare reduced the vehicle miles traveled by the working parents and allowed them to visit their children during the day. He commented that the market has not responded well to daycare in the I-P zone; only one daycare has been created in an I-P zone while the other daycare in an industrial zone was a pre-existing use to the zone designation. Councilor Scheckla asked how many children would a daycare accommodate. Mr. Brosy said that Mr. Jim Blackwell would speak to that issue, but the market tended to limit the overall size of a daycare. He indicated to Councilor Scheckla that he was not representing anyone with existing daycare facilities in Tigard. Community Development Director Hendryx advised the Council that he just became aware that the Council did not have the applicant's packet of information. He recommended that the Council stop the hearing and continue it to another night or continue to receive testimony tonight and continue the remainder of the hearing to another night. The Council discussed the matter. It agreed by consensus to continue the hearing to approximately 7:30 p.m., April 25, 2000, in order to allow the Council sufficient time to review the applicant's packet. Mayor Nicoli asked if anyone wanted to testify tonight who could not attend the April 25 meeting. Mr. Coleman clarified to Councilor Moore that the Council could decide whether to allow someone testifying tonight to testify again on April 25. He pointed out that typically a person testified once during a hearing. Craig Leo, a spokesman for the proponents, indicated their support of continuing the hearing to April 25. He provided a packet of information to the Council for its review. Community Development Director Hendryx apologized for the staff and the City for the unintentional oversight. CITY COUNCIL MEETING MINUTES —APRIL 11, 2000— Page 11 • • 9. CONSIDER TRANSFER OF JURISDICTION OF CERTAIN COUNTY ROADS WITHIN THE WALNUT ISLAND AND ANCILLARY ISLANDS TO THE CITY OF TIGARD Gus Duenas, City Engineer, presented the staff report. He explained that it took a separate action by the Board of County Commissioners to transfer the County roads located within the Walnut Island areas annexed to the City. He reviewed on a map the location of the subject roads. He mentioned a date change to the proposed resolution: `effective on or after July 1, 2000, instead of`July 2000.' He commented that this put the road system under the City's jurisdiction at the beginning of the next fiscal year. Mr. Duenas explained to Councilor Moore that this transfer of jurisdiction did not affect the MSTIP funding allocated to any of the roads. Motion by Councilor Hunt, seconded by Councilor Moore, to adopt Resolution 00-16 with the amendment to the date. The City Recorder read the number and title of the resolution. RESOLUTION 00-16, A RESOLUTION INITIATING ACTION FOR TRANSFER OF JURISDICTION OF CERTAIN COUNTY ROADS WITHIN THE WALNUT ISLAND AND ANCILLIARY ISLANDS TO THE CITY OF TIGARD. Motion passed by unanimous voice vote of the Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") [5-0] CITY COUNCIL MEETING MINUTES —APRIL 11, 2000—Page 12 • • 10. PARKS AND GREENSPACES UPDATE Community Development Director Hendryx reviewed the staff report on the greenspaces and open space projects undertaken by the City over the past couple of years. Duane Roberts, Associate Planner, indicated on a map the locations of the various projects or properties. Community Development Director Hendryx noted that development activity declined last year, the City did not receive its anticipated parks SDCs, and the County did not impose an SDC for the City in the urban services area. He said that their projected SDCs revenue of$500,000 fell short by half. He indicated that staff was discussing the SDC issue with the County. (For specific details on all the projects mentioned, please see the staff report in the Council meeting packet.) Community Development Director Hendryx reviewed the Tigard Street-Fowler Street Trail, the Tiedeman-Woodard Park Trail, the Main-Ash Avenue Trail, the 85th Access Easement and the Metzger Trail. He indicated that it was too late to add a Rails to Trails component to the Beaverton-Wilsonville commuter rail line, although they were still talking about it. Community Development Director Hendryx reviewed the Metro greenspace off Bonita and Milton Court, the Tiedeman greenspace Metro candidate site, the Northeast Metzger greenspace and the Durham Road greenspaces Metro nomination. Community Development Director Hendryx reviewed the opportunities for additional land acquisition suggested by the Trust for Public Lands, including the specifics of the new state grant program. He mentioned the Bull Mountain donation. He described the improvements completed by staff at Northview Park, Cook Park, Jack Park, and Bonita Park. He mentioned the success of the Trees 2000 program. Community Development Director Hendryx reviewed the wetlands mitigation projects at Fowler Middle School, Woodard Park, Summer Creek, and Fanno Creek. He noted the ongoing planning activities: Summerlake Task Force, Accessibility Study and Transition Plan, Park Brochure, and Metro's List of the 100 Most Significant Open Spaces (six identified in Tigard). City Manager Monahan mentioned that the Council might want to give direction to staff with respect to the Trust for Public Lands' proposal, if it had any interest in it. Councilor Moore requested a staff report before allowing public testimony. Community Development Director Hendryx recounted the staff discussions with the Trust for Public Lands over the past several months about the potential of partnering with the City to acquire three properties: the eight-acre site adjacent to the Cache Creek property, the four-acre Bond Street or Gage property, and the Conklin property at the top of Bull Mountain. He indicated that the Trust proposed submitting two applications for the state grant money with a contribution of$150,000 from the City. Community Development Director Hendryx discussed the Metzger neighbors' proposal to apply for a state grant to leverage Metro money to purchase the Senn property. He reiterated CITY COUNCIL MEETING MINUTES —APRIL 11, 2000 — Page 13 • • that designation of the property as a headwater property would make it eligible for Metro funding up to 75% of the appraised,price, provided there was a willing seller. Community Development Director Hendryx said that if the Council was interested in acquiring the properties, staff would proceed with the paperwork to submit the applications by the April 30 deadline. PUBLIC TESTIMONY Mayor Nicoli opened the meeting to public testimony. • Chris Beck, Trust for Public Lands Mr. Beck explained that the Trust for Public Lands was a 30-year old national land conservation organization that worked with local communities, landowners and public agencies throughout the country to acquire land for parks and open space. He indicated that the Trust has done most of its work in Oregon in the Columbia Gorge National Scenic area. Mr. Beck explained that the opportunity to work on protecting the Cache Creek addition, the Bond Street/Gage parcel and the Conklin property came forward with Measure 66, the citizen initiative to allocate state lottery funds to fund parks, open space and salmon protection. He said that the Trust was the primary advocate behind the legislature allocating $5 million dollars out of the Measure 66 funds for a local grants program. He indicated that by the time the legislature set the rules for the grants program, only 60 days were left to make the grant applications. Mr. Beck discussed the desire of the Stanley family to leverage their gift of the property next to • the Cache Creek addition in protecting other open spaces in the area, such as the Bond Street/Gage property and the Cache Creek addition. He asked the Council for its support of the City applying for two $250,000 grants from the state grant program for the purchase of those two sites. He asked the Council to reprogram $150,000 of regional greenspaces money to utilize as leverage for the Cache Creek addition grant application. He said that the Trust proposed providing a $300,000 match for the Bond Street property. Mr. Beck said that, if this proposal succeeded, they would work on obtaining the Conklin property, and looking for funding from other sources in addition to applying for another state grant in two years. He mentioned needing letters of support from the City in order to obtain that funding. Councilor Moore summarized the proposal as the City of Tigard investing $150,000 in return for the 10 acres of the Cache Creek addition and the Gage property. He asked who retained ownership of the properties. Mr. Beck indicated that the City retained title to the properties. CITY COUNCIL MEETING MINUTES —APRIL 11, 2000 —Page 14 • • • Michael Trigoboff Mr. Trigoboff distributed maps to the Council. He explained that this Washington County map identified the Metzger area as a parks deficient area and the property as a scenic resource. Councilor Moore pointed out that the asking price for this property was $1 million; even if Metro provided 75% of the funding, the City would still have to come up with $250,000 from somewhere. He mentioned his understanding that there already was a potential buyer. He questioned whether it was worth the City pursuing the property. Mr. Roberts indicated that working with the Three Rivers Conservancy to obtain an option on the property bought them more time to work out funding options. He confirmed that this property would qualify for a state grant proposal. Councilor Moore spoke to the staff finding out whether or not this property had a willing seller before they looked at funding options. • Bev Froude Ms. Froude asked the Council to consider seriously the Trust for Public Lands' proposal for the three properties. She mentioned that the Visioning Task Force has found that the city population has started moving south and west, meaning that Bull Mountain would come into the city in the future. She noted that this was an opportune time to look ahead at meeting the needs of the growth in the area. COUNCIL QUESTIONS AND DISCUSSION Councilor Hunt noted that the short timeline did not give the Council sufficient time to review this information. He asked staff to provide a chart clearly showing where the money came from for the various greenspaces and parks projects. He stated that he did not support applying for the grants or the City contributing $150,000 because the City already decided that it did not want those two properties, and it required re-allocating the money from an already scheduled project to the cash contribution. Councilor Hunt discussed his concern that the City would be investing money in properties outside the city limits without those residents contributing to the maintenance and upkeep. He commented that the City obtaining SDCs in the area would help but said that the Bull Mountain residents did not want to annex into the city in order to pay their fair share of the costs of improvements. He reiterated that the Council did not have sufficient time to review the proposal thoroughly. Councilor Patton concurred with Co uncilor Hunt. She noted the significant shortage in parks SDCs and the number of unfunded projects. She indicated her concern about purchasing additional properties in the unincorporated areas when the City had no hope of increasing its SDC revenues to offset those purchases or enforcing SDCs on the developers. She said that reprogramming the $150,000 from the Tigard Street—Fowler School trail to this proposal also troubled her, especially with the trail construction scheduled in a couple of months. CITY COUNCIL MEETING MINUTES —APRIL 11, 2000—Page 15 • • Councilor Patton said that, while she understood that the Trust could not have introduced their proposal to the City any earlier, she did not believe that she has had sufficient time to analyze the proposal. She reiterated that she was uncomfortable with the reallocation of resources from a project within the city limits to a property outside the city limits. Councilor Moore described the proposal as a City investment of$150,000 in return for a piece of land within the city limits and an additional piece of land attached to a piece already owned by the City. He noted that the City could always build trails and paths but once the opportunity to purchase_a property was gone, it was gone. He cited a statement in the staff report discussing the advantage of working with the Trust as a means of maximizing the City's available dollars to protect the city's diminishing open space. Councilor Moore spoke to finding out what Metro's intentions were with respect to the Senn property in the Metzger area. He described it as a valuable piece of property that he would like to leverage support for from other interested agencies. Mayor Nicoli said that, while he agreed with all the comments of the three Councilors, he saw this opportunity as coming to the City too late. He discussed the need to develop the large amount of parks and open space acreage purchased by the City over the past five years. He indicated that he could not support stopping that process in order to purchase more land. He pointed out that the stream corridor on the Senn property would have the mandatory protection buffer on both sides. He commented that the City would not bid against a developer because they knew from experience that it did not work for the City. He stated that he liked the proposal and the properties but it came too late. Councilor Scheckla expressed his concern at changing the priorities established by the CITs with respect to allocating the money to develop trails and bike paths. He held that it was not up to the Council to change those priorities and put the money somewhere else. He concurred with Mayor Nicoli that the proposal came too late to the Council. He reiterated that he would not support the proposal. Mr. Beck concurred that the short timeline was frustrating. He asked the Council's indulgence to grant them two more weeks to talk with the people in the community about the proposal, to allow more time for the Council to digest the admittedly complicated proposal, and to return to Council on April 25. He discussed the fact that this proposal did not use SDC money but rather brought in money from outside Tigard to encourage a Tigard contribution to the protection of open space from its non-SDC funds. He noted that the people who supported the trail construction at Fowler would accept a deferral in exchange for protecting land available today but not tomorrow. He reiterated that while trail construction could be deferred, a property once developed was gone. Councilor Scheckla indicated that he would cooperate in the purchase of land on Bull Mountain if the people would annex into the city. He reiterated his belief that developing land within the city for the benefit of the resident taxpayers was a higher priority than purchasing land outside the city limits, given that they did not know when that land would come within the city limits. Mr. Beck conceded that annexation issues were difficult but pointed out that the money they CITY COUNCIL MEETING MINUTES —APRIL 11, 2000—Page 16 • • • were talking about has not been generated from local taxes; it came from a regional tax bond and statewide lottery funds. He indicated to Councilor Scheckla that the Trust fully intended to go to the County for help with the Conklin property purchase. He reiterated his request for the Council to allow them to make their case to the Councilors over the next two weeks, as this was a project they have been working on for some time and partnered with the Meyer Memorial Trust for their funding contribution. He pointed out that if they lost this opportunity in this state funding cycle, then they lost two years and the opportunity to purchase the properties. He emphasized that without the City making application for the grants, they did not stand a chance of receiving them. Mayor Nicoli observed that Mr. Beck could see where the five Councilors were at. He indicated that Mr. Beck could speak to the Councilors on this matter and return to the Council at the next regular meeting. He commented that it was not an issue of the Council not wanting the properties. He reiterated that this Council has bought more property in the past five years than the former Councils combined, but they have not allocated money for development. He concurred that this was a good deal but commented that maybe it was better to wait and budget the matching funds Councilor Hunt asked staff to prepare a report detailing the financial side of parks and open space acquisition and development. 11. COUNCIL GOAL UPDATE City Manager Monahan asked if the Council had any questions with respect to the quarterly Council Goals report. The Council indicated that it was a good, informative report. 12. COUNCIL LIAISON REPORTS: None 13. NON AGENDA ITEMS: None. 14. EXECUTIVE SESSION: None. - 15. ADJOURNMENT: 10:06 p.m. aliz,Le'Le .-/-?..4e_ Attest: Catherine Wheatley, City Recorde Mayor, City Tigard Brian J. Moore, Council President Date: b /.3 -GQ CITY COUNCIL MEETING MINUTES —APRIL 11, 2000—Page 17 • • u3),Leo '.„ Arils' �pi���N fll�,\ TIGARD�_CITY CO�U NCIL��:°=�� _ BUSINES=S MEETING: - ��''i - ---• APRIL.'1:1 2000 ``` ° : :::6:30 PM CITY OF TIGARD .TIGARD=CITY HALL ' 131,25-SW,HALL BLVD:; i 4 TIGARDOREGON 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD'- Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters.. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639- 4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA • COUNCIL AGENDA—APRIL 11, 2000 - PAGE 1 . � • AGENDA TIGARD CITY COUNCIL BUSINESS MEETING APRIL 11, 2000 6:30 PM • STUDY SESSION > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), (f) 81 (h) to discuss labor relations, real property transactions, exempt public records, and current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. ➢ Review: New Process — Recognition of Volunteers as they Resign or Retire from Committees, Commissions or Task Forces ➢ Discussion of Funding for Growth Management Caucus ➢ Discussion of Senn Property 7:30 PM 1 . BUSINESS MEETING 1 .1 Call to Order - City Council 81 Local Contract Review Board 1 .2 Roll Call 1 .3 Pledge of Allegiance 1 .4 Council Communications 1 .5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. PROCLAMATIONS: - a. Proclaim the Month of April as Volunteer Appreciation Month b. Proclaim April 24-30 as National Community Development Week c. Proclaim April 11 as Tigard Public Library Thank You Day 1. Library Staff Comments • COUNCIL AGENDA—APRIL 11, 2000 - PAGE 2 • • 7: PM CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Approve Council Minutes: February 22 and March 14, 2000 4.2 Receive $t File: a. Tentative Agenda b. Council Calendar c. Solid Waste Annual Report for Calendar Year 1999 4.3 Appoint Jane Ann Smith to the Library Board — Resolution No. 00- 4.4 Approve Budget Adjustment No. 8 to Fiscal Year 1999-00 Budget to Transfer Funds from General Fund to Facility Fund for Costs Associated with BML Architects for New Library Development — Resolution No. 00- 4.5 Local Contract Review Board a. Award Bid for the Purchase of a New 4X4 Diesel Wheel Tractor with Front Loader and Backhoe to Western Power and Equipment Corporation • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. PM INTRODUCTION — NEW LIBRARY BOARD MEMBER JANE ANN SMITH • Mayor Nicoli 7:5 UPDATE: TIGARD BEYOND TOMORROW • Introduction: Administration Department • Target Area Reports: Staff Liaisons to Action Planning Committees • Council Questions/Comments 8: FPM '/'/ UPDATE: CITY OF TIGARD VOLUNTEER PROGRAM — APRIL 1, 1999 — MARCH 31, 2000 • Staff Report: Administration at Library Departments • Council Questions/Comments COUNCIL AGENDA—APRIL 11, 2000 - PAGE 3 • • 8:20 PM 8. PUBLIC HEARING (LEGISLATIVE) — ZONE ORDINANCE AMENDMENT TO. ALLOW DAYCARE USES IN INDUSTRIAL ZONES (ZOA) 1999-0003 The applicant is proposing a Zone Ordinance Amendment to change the City of Tigard Community Development Code to allow daycare uses outright or conditionally in all industrial-zoned properties. LOCATION: All Industrial Zones, Citywide. ZONES: Light Industrial, I-L; Industrial Park, I-P; and Heavy Industrial, I-H. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 5 and 12.3; The Metro 2040 Plan; and Statewide Planning Goals 2 and 9. a. Open Public Hearing b. Declarations or Challenges c. Staff Report: Community Development Department d. Public Testimony: Proponents/Opponents e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Resolution No. 00- 8:50 PM 9. CONSIDER TRANSFER OF JURISDICTION OF CERTAIN COUNTY ROADS WITHIN THE WALNUT ISLAND AND ANCILLARY ISLANDS TO THE CITY OF TIGARD a. Staff Report: Engineering Department b. Council Questions/Comments c. Council Consideration: Resolution No. 00- 9:00 PM 10. PARKS AND GREENSPACES UPDATE a. Staff Report: Community Development Department b. Council Questions/Comments 9:30 PM 11 . COUNCIL GOAL UPDATE a. Staff Report: Administration Department b. Council Questions/Comments 9:40 PM 12. COUNCIL LIAISON REPORTS COUNCIL AGENDA—APRIL 11, 2000 - PAGE 4 • • • 9:45 PM 13. NON AGENDA ITEMS 9:50 PM 14. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), (f) 8t (h) to discuss labor relations, real property transactions, exempt public records, and current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. . 10:00 PM 15. ADJOURNMENT I:\ADM\CAT HY\CCA\000411.D OC • • • COUNCIL AGENDA—APRIL 11, 2000 - PAGE 5 • gwillo8 ��'II i\ CITY OF TIGARD FACT SHEET 13125 SW Hall Boulevard Tigard, OR 97223 Contact: Julia Powell Hajduk, (503) 639-4171 . AGENDA: April 11, 2000 TOPIC: Zone Ordinance Amendment to allow daycare uses in Industrial Zones BACKGROUND: The Planning Commission held a public hearing on the request on March 6, 2000. At that meeting, the Commission voted 4-2 to deny the requested amendment. The applicant has requested the amendment to allow daycare uses either conditionally or outright in all Industrial Zones. Staff reviewed the request along with the applicable City and State requirements and recommended denial. Several factors led staff to recommend denial, most importantly was that fact that there is a very limited amount of vacant industrial land remaining in the City and it should be preserved for uses that are industrial and can not locate in other zones within the City. COST: N/A I • • AGENDA ITEM# S - FOR AGENDA OF April 11,2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Zone Ordinance Amendment (Z0A1999-00003) to all. daycare uses in Industrial Zones PREPARED BY: Julia Hajduk n DEPT HEAD OK 14,"di Y MGR OK 1/1/4411A. ISSUE BEFORE THE C t UNCIL Should the Council take the Planning Commission's recommendation to deny the requested Zone Ordinance Amendment to allow daycare uses in Industrial Zones? STAFF RECOMMENDATION Deny the requested Zone Ordinance Amendment. INFORMATION SUMMARY The Planning Commission held a public hearing on the request on March 6, 2000. At that meeting, the Commission voted 5-2 to deny the requested amendment. CDC The applicant has requested the'amendment to allow daycare uses either conditionally or outright in all Industrial Zones. Staff reviewed the request along with the applicable City and State requirements and recommended denial. Several factors led staff to recommend denial, most importantly was that fact that there is a very limited amount of vacant Industrial land remaining in the City and it should be preserved for uses that are Industrial and can not locate in other zones within the City. The attached Planning Commission recommendation outlines the applicable criteria and issues. The two Planning Commissioners that voted against denial did so because they felt that the use was compatible with Industrial uses and should be permitted. The five Commissioners voting to deny the request felt that Industrial land was too limited to allow additional daycare uses. They also felt that the proposed request was more site specific than legislative and did not feel it was appropriate to change all Industrial zones for a specific site. Minutes of the March 6, 2000, Planning Commission Public Hearing are included in this packet. OTHER ALTERNATIVES CONSIDERED Approve the requested Zone Ordinance Amendment or approve it with conditions. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES N/A i:\curplr6julia\ZOA1999-03AIS.doc /�(/qv�5 �_� 30-Mar-00/11:41 AM '� • CITY OF TIGARD, OREGON • RESOLUTION NO. 00- A RESOLUTION DENYING A REQUESTED ZONE ORDINANCE AMENDMENT (ZOA1999-00003) TO ALLOW DAYCARE USES IN INDUSTRIAL ZONES WHEREAS, the Planning Commission held a Public Hearing on March 6, 2000 on the request and voted to recommend denial to the City Council in accordance with the signed Planning Commission recommendation, as attached(Exhibit A); and WHEREAS,the City Council held a Public Hearing on the request on April 11, 2000; and WHEREAS, there is limited amount of Industrial land available for Industrial uses within the City of Tigard; and WHEREAS, the requested Zone Ordinance change has been reviewed for consistency with applicable City and State criteria; and WHEREAS, the City Council finds that approving this request would not be in the best interest of the City of Tigard. NOW, THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The requested Zone Ordinance Amendement to allow daycare uses in Industural Zones is denied. SECTION 2: The City Council hereby adopts"Exhibit A"as its findings. PASSED: This day of ,2000. Mayor-City of Tigard ATTEST: City Recorder- City of Tigard i:\curpin\julia\zoa1999-03RES.doc 30-Mar-00/11:53 AM RESOLUTION NO. 00- Page 1 of 1 • • • ii EXHIBIT A" • • • • Agenda Item: • Hearing Date: April 11,2000 Time: 7:30 PM ^'s s '6,';:; ;; _ ,war. ss .�, ,w.� ,s:y.a --- a.•w;���'�=' �` # .st,&4, S,�?:.c'°`> ""r"K�'--.:�;' , }' r -a Sry r's.�' .3 �q " � � i_ �g:`> y sae k �•e. �p .� �sd Vh sa -i' II4,04t&. �d� 24 `+ w-6 �r� T bYa CITY OEITICARD/PLANNINGZOMMISSION` A �► �n � •;�,p� r�, ,��;a�,� �. �� ,-,-a-,��a> ��i�li _ F s�x ,� _ o �t � 0 "' .` r -w s ° F T -�. ;•,',0:,�# 1 �?;r 1"�9•,,�", --.i44: _ --Air�,�. •CITY OF TIOARD 3 .t :.��. :, :. � RECOMMENDATION TOTHE CITY 000NCILit c�0o�;n;►» ,o e en=- r, � " �f",, - �'` ` +�' - 'haPt>79 '"�B.etter Coinmunity;� • • SECTION I. APPLICATION SUMMARY • • . CASE NAME: INDUSTRIAL ZONES AMENDMENT CASE NO.: Zone Ordinance Amendment (ZOA) ZOA1999-00003 • PROPOSAL: The applicant•is requesting approval of a zone ordinance amendment to allow daycare uses outright or conditionally in all industrial zoned • properties. • • APPLICANT: John L. Brosy OWNER: N/A 161 High Street SE, Suite 204 Salem, OR 97301 COMPREHENSIVE • PLAN • • DESIGNATION: Industrial. • LOCATION: All industrial zones citywide (I-L, I-P and I-H). • • • APPLICABLE • REVIEW • CRITERIA: - Community Development Code Sections 18.380 and 18.390; Comprehensive Plan Policies 5 and 12.3; The Metro 2040 Plan; and Statewide Planning Goals 1, 2, 9, 12 and 14. • • SECTION II. • PLANNING COMMISSION.RECOMMENDATION • The City of Tigard Planning Commission recommends DENIAL • of the requested Zone Ordinance Amendment by the Tigard City Council. • • PLANNING COMMISSION'S RECOMMENDATION TO THE CITY COUNCIL 4/11/2000 PUBLIC HEARING ZOA1999-00003 CODE AMENDMENT TO ALLOW DAYCARE USES IN INDUSTRIAL ZONES PAGE 1 OF 6 . • SECTION III. BACKGROUND INFORMATION The applicant has proposed this zone change so his client can develop a daycare center on a parcel of land zoned Light Industrial. The parcel is located in the vicinity of SW Bonita Road and SW 72nd Avenue. This Industrial area is referred to in this report and the applicant's statement as the southeastern industrial area. The Industrial area near the Washington Square Mall area is referred to as the northern Industrial area. SECTION IV. SUMMARY OF APPLICABLE CRITERIA • Chapter 18.380 states that legislative text amendments •shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. • Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: • • The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter.197; • Any federal or state statutes or regulations found applicable; • Any applicable Metro.regulations; • Any applicable Comprehensive Plan policies; and • Any applicable provisions of the City's implementing ordinances. Summary and Applicability of Statewide Planning Goals Statewide Planning Goal 1 — Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. Notice was mailed to all property owners of Industrial Land and notice was published in the Tigard Times prior to the hearing. In addition, after the hearing before the Planning Commission, additional notice will be mailed and published prior to the City Council Hearing. Two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Statewide Planning Goal 2 — Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. PLANNING COMMISSION'S RECOMMENDATION TO THE CITY COUNCIL 4/11/2000 PUBLIC HEARING ZOA1999-00003 CODE AMENDMENT TO ALLOW DAYCARE USES IN INDUSTRIAL ZONES PAGE 2 OF 6 • • • Statewide Planning Goal 9— Economic Development: The purpose of goal 9 is to provide adequate. opportunities throughout the state for a variety of economic activities vital to the health, welfare and prosperity of Oregon's citizens. This is accomplished in part by requiring Comprehensive Plans to provide an adequate supply of sites of suitable size, location, etc for Industrial and Commercial uses and to limit uses on or near sites zoned for specific industrial and commercial uses to those which are compatible with proposed uses. Statewide Planning Goal 12 - Transportation: This goal is intended to provide and encourage a safe, convenient and economic. transportation system. This goal outlines how the transportation plans should be prepared and implemented. The applicant has cited this as a relevant goal because he believes that the permitting of daycare uses in Industrial zones will reduce vehicle miles traveled by allowing parents closer access to their children. Statewide Planning Goal 14— Urbanization: This goal outlines the process in which lands suitable for development are included in the Urban Growth Boundary. This goal requires consideration of, among other things, the maximum efficiency of land uses within and on the fringe of the existing urban area, orderly and economic provision of public facilities and services and the compatibility of the proposed urban uses with nearby agricultural activities. This goal has been addressed with the adoption of the City's Comprehensive Plan. The Comprehensive Plan includes locational criteria for the various land uses. The locational criteria are discussed.further in this report. Summary and Applicability of Comprehensive Plan Standards Comprehensive Plan Policy 5 (Economy): . This section of the Comprehensive Plan addresses Goal 9 of the Statewide Planning Goals. After thorough analysis of the economic conditions, the findings in the Comprehensive Plan conclude that "...The City continues to experience thriving commercial and industrial growth; A core problem facing the City is lack of buildable land designated for industrial use; and The City's large industrial parks provide an ample supply of leasable space for smaller and younger industries." Comprehensive Plan Policy 12.3 (Locational Criteria): This section of the Comprehensive Plan identifies the locational criteria for industrial uses. The intent of the Industrial land use designation is to provide for the designation of suitable lands for industrial use, provide for economic growth and development, protect existing and potential lands suitable for industrial development from encroachment by non-industrial or incompatible uses; provide land for industrial use by type to minimize the impact on surrounding development; and take advantage of existing transportation facilities. PLANNING COMMISSION'S RECOMMENDATION TO THE CITY COUNCIL .4/11/2000 PUBLIC HEARING ZOA1999-00003 CODE AMENDMENT TO ALLOW DAYCARE USES IN INDUSTRIAL ZONES PAGE 3 OF 6 • • • • The Comprehensive Plan states: "Heavy Industrial Lands are areas intended to provide for manufacturing, processing and assembling activities. Uses within this classification are characterized by large buildings and large storage areas and having associated external effects such as smoke, noise, odor or visual pollution. Light Industrial Lands are areas intended to provide for manufacturing, processing, assembling and related office activities. Uses within this classification are of a size and scale which makes them generally compatible with other non-industrial uses and which have no off-site effects." SECTION V. SUMMARY OF FACTS There are no applicable federal or state regulations that need to be considered in this request. There are no Metro regulations that need to be considered in this request. The Tigard Development Code Section 18.390 outlines the process for reviewing a Development Code Text Amendments and 18.530 identifies the uses allowed in the Industrial zones. Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The uses permitted in the industrial zones are in compliance with the locational criteria of the Comprehensive Plan. The applicant contends that daycare uses are compatible with Industrial uses because the employees would have a daycare location close to work, thus limiting excessive traffic and making these areas more attractive to employees with young children. The applicant has provided an analysis showing that several neighboring Cities have provisions that allow daycare in Industrial zones outright or with restrictions. In Tigard, daycare is permitted in every commercial zone, with limitations in residential zones, and permitted in up to 20% of the development area of a specific development in all Industrial Park zones. Industrial Park zones are the largest industrial zone in the City and currently has approximately 64 acres of vacant land. The Light Industrial zone has approximately 84 acres of vacant land, and there is no vacant Heavy Industrial land available. The vacant land takes into account development restrictions due to increasing regulation to protect streams, wetlands and fish and many of the Industrially zoned lots adjacent to the floodplain and wetlands. Assuming the 64 vacant acres zoned I-P are able to be developed, this leaves 12.8 acres that could potentially be used for daycare uses if associated with an industrial development (as permitted in the I-P zone.). There appears to be a significant demand for industrial land in the City, as evidenced in 8 applications for new construction or expansion in industrial zones in 1999, equating to approximately 35 acres of land. In addition, There are 3 applications for development in industrial zones under review so far in 2000. STAFF REPORT TO THE PLANNING COMMISSION 2/23/2000 PUBLIC HEARING ZOA1999-00003 CODE AMENDMENT TO ALLOW DAYCARE USES IN INDUSTRIAL ZONES PAGE 4 OF 6 • • The applicant has requested that the use be allowed either outright or conditionally, however they have not proposed what parameters a conditional use for a daycare in an industrial zone should be reviewed under. The City could not process a conditional use application for a daycare in an industrial zone without ordinance language establishing • review criteria. The applicant states that, by allowing daycare in industrial areas, auto vehicle miles traveled will be reduced. • The applicant has provided information,on daycare as follows: They tend to occupy less than one acre. Because of the desire to be near places of employment, the use is complimentary. They state that based on the distribution of daycare centers in other cities, only 2 or 3 new businesses would be expected to locate in the southeast industrial area if the Code were amended. Typical sizes are 7,000-10,000 • square feet with 2,000-3,000 square foot playgrounds and 15-25 parking spaces., SECTION VI. STAFF ANALYSIS ° The staff recommendation is .based on several factors. First and foremost, staff is assuming that the Planners, citizens and City 'Council members that worked on the original Comprehensive Plan and Tigard Development Code, as well as subsequent updates, had a purpose for allowing and disallowing the uses they did in each zone. Notwithstanding that, it is also accepted that omissions are made in use classifications and amendments may be needed to allow uses that should have been included in a particular zone. In this case, however, the daycare use is permitted in the Industrial Park zone as long as it does not exceed 20% of the development site. Staff agrees, and the fact that daycare and other compatible uses are allowed with some size limitations acknowledges, that this use can be compatible with industrial uses. Just because there is not currently a large amount of daycare centers in the vicinity does not mean the City should change all Industrial zones to allow daycare outright, especially since, as inventoried, industrial land is in short supply in the City. The I-P zone has the largest supply of vacant land. In addition, while staff agrees that daycare centers close to the job site may be in the best interest of the parent, child, employer, and environment, it .is not agreed that it is compatible with all industrial uses nor should it be permitted outright in all industrial zones. The summary of other neighbor cities restrictions (conditional uses, location restrictions, and zones in which daycares are not allowed) confirms that they too, do not feel that all industrial areas are suitable for daycare uses. The I-P zone is a light industrial/office zone that is really most suitable for this type of complimentary use. The applicant has not proposed conditional use language for staff to consider supporting allowing this use conditionally in all zones. PLANNING COMMISSION'S RECOMMENDATION TO THE CITY COUNCIL 4/11/2000 PUBLIC HEARING ZOA1999-00003 CODE AMENDMENT TO ALLOW DAYCARE USES IN INDUSTRIAL ZONES PAGE 5 OF 6 • • • • Staff Recommendation: Because of the limited amount of available vacant industrial land and because the use is already allowed within limitation in the I-P zone, staff is recommending that the requested Code change not be approved and the Code remain'as is. Other possible considerations Amend the Code the allow the daycare use outright in I-P zones instead of being limited to 20%. A problem with this is that it would still use limited Industrial land for a use that is not industrial. A Conditional Use process would not provide for disapproving a daycare facility in an industrial zone, it would just set standards that would have to be met in order to be approved. SECTION VII. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS City of Tigard Long Range Planning Division has reviewed this proposal and that there is very little vacant industrial land left in the City. Why is daycare anymore a necessary service than say, a 7-11, a dry cleaners or any other use for, the convenience of employees? DLCD, The Oregon Department of Transportation, and Metro Land use and Planning Growth Management have all had an opportunity to review this proposal and have offered no comments or objections to the proposed zone change. RECOMMENDATION TO CITY COUNCIL PASSED: This 6th day of March, 2000 by the Planning Commission of the City of Tigard, Oregon. (Signature Box Below) • W / ` • • Nick Wilson, President City of Tigard Planning Commission i:\curpin\julia\zoa 1999-00003rec.doc PLANNING COMMISSION'S RECOMMENDATION TO THE CITY COUNCIL' 4/11/2000 PUBLIC HEARING ZOA1999-00003 CODE AMENDMENT TO ALLOW DAYCARE USES IN INDUSTRIAL ZONES PAGE 6 OF 6 • • CITY OF TIGARD PLANNING COMMISSION Regular Meeting Minutes March 6, 2000 1. CALL TO ORDER President Wilson called the meeting to order at 7:30 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd: 2. ROLL CALL Commissioners Present: President Wilson; Commissioners Anderson, Griffith, Olsen, Padgett, Scolar, and Topp Commissioners Absent: Commissioners Incalcaterra and Mores Staff Present: Dick Bewersdorff, Planning Manager; Julia Hajduk, Associate Planner; Jerree Gaynor, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS The commissioners were reminded of their next TSP task force meeting on March 20th and were given copies of the TSP preliminary draft. 4. APPROVE MEETING MINUTES Commissioner Padgett moved and Commissioner Olsen seconded the motion to approve the February 7, 2000, meeting minutes as submitted. A voice vote was taken and the motion passed by a vote of 5-0. Commissioners Griffith and Scolar abstained. 5. PUBLIC HEARING 5.1 ZONE ORDINANCE AMENDMENT (ZOA) 1999-00003 — CODE AMENDMENT TO ALLOW DAYCARE CENTERS IN ALL INDUSTRIAL ZONES The applicant is proposing a Zone Ordinance Amendment to change the City of Tigard Community Development Code to allow daycare uses outright or conditionally in all Industrial zoned properties. LOCATION:. All Industrial Zones Citywide. ZONES: Light Industrial, I-L; Industrial Park, I-P; and Heavy Industrial, I-H. APPLICABLE REVIEW.CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Polices 5 and 12.3; The Metro 2040 Plan; and Statewide Planning Goals 2 and 9. STAFF REPORT Julia Hajduk presented the staff report on behalf of the City. To clarify the acreage figures reported in the Summary of Facts, she submitted a map which takes into account development restrictions due to flood plain and wetland areas that were not shown in the PLANNING COMMISSION MEETING MINUTES—March 6,2000—Page I • • • report. Total vacant industrial land is 147.97 acres and vacant industrial park land is 63.87 acres. Staffs recommendation is for denial of the request based on the limited amount of vacant industrial land available for development. Numerous recent applications for development of industrial land show that it is needed and is being used. Additionally, daycare uses are already allowed for up to 20% of development in vacant industrial parks, as well as in existing industrial parks so long as the addition of a daycare facility does not exceed 20% when combined with other existing non-industrial uses. The Planning Commission should recommend to the City Council that the application be denied. Commissioner Topp asked how the 20% non-industrial usage is monitored. Ms. Hajduk said that they monitor it at the application stage for development revisions or new tenant improvements, but ultimately it is the owner/developer's responsibility to maintain that quota. If it came to staffs attention that 20% is being exceeded, then it becomes a Code enforcement issue. A list of uses showing calculations of the square footage of the various uses is requested with the development application. In the Code there is a list of uses that are allowed in the industrial park zone. In combination, non-industrial-uses cannot exceed 20% of the industrial development. The uses include eating and drinking establishments, daycare, general retail, personal services, and other non-industrial uses. APPLICANT'S PRESENTATION John Brosy, 161 High St. SE, Suite 204, Salem, OR 97301, is a planning consultant. He ' said this has to do with fine-tuning the existing City Code. Unlike surrounding jurisdictions, Tigard does not allow commercial daycare use in light or heavy industrial zones unless it is included in the 20% total non-industrial uses. Parents want daycare close to their place of employment. In Tigard the industrial zones are mainly concentrated in the southeast quadrant where there is little or no commercial, residential, or mixed use zones that do allow daycare use. The concentration of industrial zoning limits complimentary commercial uses such as daycare in close proximity to employment in the industrial zone • and results in a large area with a lot of employees who cannot be close to a daycare facility. This makes the area less competitive for businesses recruiting family-age employees because it requires employees to travel additional miles in order to take their children to a daycare. Mr. Brosy used an overhead projector to point out the different zoning areas and to compare Tigard's zoning uses with other cities. Portland, Beaverton, Tualatin, Salem, and Gresham allow daycare uses either outright or as a conditional use in industrial areas. He said that daycare facilities are serving other areas of Tigard pretty well, but there is currently only one facility (Rocking Horse Daycare on Boones Ferry Road) in an industrial-zoned area. This facility's long waiting list points to a need for additional daycare in the area. Mr. Brosy believes staff is justified in its concern about protecting the supply of industrial land. However, daycare uses are an efficient land use because they typically are located on significantly less than an acre and are generally of higher value than industrial improvements. The pre-school age group in a daycare requires more indoor play space for security reasons, and a relatively small outdoor play area, which results in a good-sized building with adequate parking existing on a parcel of land that is only 30,000 to.40,000 square feet in size. When a daycare is established, others tend to not locate in the same PLANNING COMMISSION MEETING MINUTES—March 6,2000—Page 2 • • • area; therefore, if they were allowed, only a small number of daycare facilities would be added. This is a small, efficient, and complimentary use for an industrial area. Mr. Brosy elaborated on the positive effects of allowing daycares, using the Fred Meyer Corporate • Center in Portland as an example. He said the applicant would like to see this use allowed outright in the IP and IL zones and as a conditional use in the IH zone. Commissioner Olsen asked how many children are in a daycare facility on average. Mr. Brosy said that Mr. Blackwell could answer that question. Mr. Brosy's information is only about the average size of 35,000.to 40,000 square feet for a typical daycare facility. PUBLIC TESTIMONY -IN FAVOR Jim Blackwell, 2838 SW Orchard Hill, Lake Oswego, OR 97035, is the owner of the Wilsonville and Durham Learning Tree daycare facilities. This application results from his approach to an industrial landowner about building a daycare facility, due to the waiting list and demand in his current facilities. His and other facilities in the area are in very high demand. Their experience is that people want daycare close to where they work. He has been looking for a new location for three years and this is the first site he has found that combines proximity to both employers and residential areas, ease of access, and a school appearance with a good presentation to parents. Facilities that are built inside industrial improvements have not been successful because they were not intended to be used by both the employees of the area as well as local residents; a freestanding building that is not part of an industrial improvement is best. The site he is interested in meets these criteria and there are no other daycare facilities in the area. Daycare nearby is also an advantage to employers and has become a consideration as an employee benefit and a way to recruit new employees because it has become a high priority to employees. A daycare facility adds value to the development of surrounding businesses and their employees. In response to Commissioner Olsen's earlier question, the number of children enrolled in a daycare is determined by the square footage and set forth by the State of Oregon. The facility he is looking at would have 100 children, which is average for the area. • Commissioner Olsen inquired about the hours of operation and parking requirements. Mr. Blackwell responded that it changes by location. Typically it is 6:30 a.m. to 6:15 p.m. His Durham facility, with 100 children, has 20 parking spots and in four years the parking lot has never been full. Commissioner Topp asked what the typical distance is between facilities. He pointed out that if the Durham facility has a waiting list, another facility could simply be built nearby. Mr. Blackwell said it is about five miles or less. An operation cannot become too large because of the level of operational efficiency and because parents prefer a small school to a larger one. Commissioner Topp posed a question to staff about internal daycare (within an individual company) being considered the same as commercial daycare and included in the 20% allowed for non-industrial uses. Ms. Hajduk said that is correct. The Code does not PLANNING COMMISSION MEETING MINUTES—March 6,2000—Page 3 • • provide for daycare as an accessory to any company and therefore an in-house daycare, whether in the company's building or as a separate building, cannot exceed 20% of non- industrial use in that company's development complex. This is something that can be addressed in this application review process. Commissioner Olsen asked for an explanation of how this system evolved and how much of Tigard's industrial land is currently developed. In response, it was noted that the purpose is the protection of industrial land for future development and that approximately two-thirds of available industrial land is already developed. Ms. Hajduk pointed out areas on the map showing land that is considered vacant or underdeveloped. All other industrial zoned land is either developed or has approval for development. In response to a question from Commissioner Topp, Ms. Hajduk said the distance from top to bottom is about 10,000 feet, or 2 miles. President Wilson pointed out that Tigard has very little industrial land to begin with relative to other cities. Ms. Hajduk said this is acknowledged in the Comprehensive Plan, which was developed in the early 1980s. Commissioner Griffith asked if daycares are allowed outright in commercial and residential zones. Ms. Hajduk replied that the State mandates that cities cannot prohibit daycares of less than six children in any residential zone. Therefore, daycares of up to six children are permitted outright, and more students are permitted as a conditional use, in,all residential zones. It is a permitted use outright in all commercial zones. The only areas it is not permitted outright is in the industrial zones, but are permitted up to 20% in industrial park zones. After a brief discussion it was determined that there are approximately 14 daycare facilities in Tigard, the majority of which are located by Pacific Highway (Hwy. 99). Commissioner Topp noted that a residence located in an industrial .zone is allowed to operate a daycare of up to six children pursuant to allowance by the State. Commissioner Anderson asked what the philosophy is behind preserving industrial land. Ms. Hajduk said it is to ensure that land is available for industrial uses that cannot be located in other areas. The City is required to provide a certain amount of commercial, industrial, and residential land, and to keep a balance of among the areas. This is part of • the statewide planning goals. Commissioner Topp commented that those standards for particular land use are now Metro's standards for job creation. Most cities try to balance it based on economic factors. President Wilson asked if industrial land provides more in taxes than they consume in services. After a brief discussion, it was noted that industrial land does provide more in taxes than residential,'but not necessarily more than commercial land. Commissioner Padgett said that from a tax standpoint in general, industrial zoning is considered to be the "best bang for the buck" for the City. Despite the lower industrial tax PLANNING COMMISSION MEETING MINUTES—March 6,2000—Page 4 • • rate, the amount of services used (for instance, police and street maintenance) is generally much lower in ratio than for residential areas. Commissioner Anderson asked if a conditional use request could be made by this applicant. Ms. Hajduk responded that sufficient conditional use language has not been proposed and therefore staff was not in a position to make that recommendation. Dick Bewersdorff commented that the applicant could make that proposal, but he feels there is no longer value in the conditional use process in Tigard, and that such a proposal would not do any good, it would only be an exercise in bureaucracy. Mr. Brosy said this proposal would not be made if there were commercial alternatives for a location in the large southeast industrial area. He briefly discussed his understanding of the need to protect industrial land, the lack of commercial alternatives in the area, and the value of this proposal to the area. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED Commissioner Topp said he was concerned that existing industry cannot have in-house daycare considered exclusive of the 20% limit. He believes a business should be able to have internal daycare because it is not a commercial use, and he would like to see if that can be remedied. However, he is only in favor of allowing commercial daycare if there is a restriction on the proximity of facilities to each other and on a facility's site being no more than one acre, thereby limiting the number that can be developed in the area. Commissioner Scolar feels that daycare would be a complimentary use and would make the area more attractive to businesses that may want to locate there. Commissioner Padgett said he agrees with the staff recommendation because this is a legislative hearing and is not meant to be project specific. There has been no request for this use from citizens or industrial area business owners. While he agrees that a business should be able to have internal daycare, he does not believe commercial daycare facilities should be allowed on the limited amount of land available for industrial development. There has been no evidence that companies are not building in the area or that people will not work in the area because there is no daycare. However, he would support some sort of measure allowing companies in all industrial zones to operate an in-house daycare for employees. Commissioner Olsen thinks daycare is a complimentary use and would benefit parents and families. Building a facility is a major investment and a prudent businessperson would not build a new facility in close proximity to an existing one, so the density would be self- regulating. He is in favor of this request. PLANNING COMMISSION MEETING MINUTES—March 6,2000—Page 5 • • President Wilson said he is a consumer of daycare services. From where he lives, he must drive past all the industrial areas and go a fair extra distance to get to the daycare, so he recognizes the strong convenience factor to having daycare close to work and home. However, it cannot be said what people will do for convenience, because different people do different things. He said he agrees with Commissioner Padgett that this is a legislative matter and not a quasi-judicial one. The Comprehensive Plan states that there is a very serious concern about the amount of industrial land available. For this reason, he does not recommend this change to the Code. Even though he does feel it is a compatible use and that there is a shortage of this service in that area, if it were not for the shortage of industrial land he would support the change. Commissioner Anderson said she agrees with President Wilson, and also agrees with Commissioner Padgett that something should be worked out so that existing businesses in the area are able to have an on-site facility that does not apply to the 20% limit for non- industrial uses. President Wilson stated that while the Commissioners cannot change the Code at this meeting, they must rule one way or the other for recommendation to the City Council. However, the Planning Commission can encourage the applicant to approach staff to further discuss this matter. Commissioner Topp commented that any resident can bring legislative action to the Planning Commission. This is not a site-specific request, but one with respect to a particular use, so he believes it is an appropriate legislative matter and not a quasi-judicial action. This is an opportunity to add this change to the Code and to direct staff,to develop appropriate language for this and to hold another hearing. Commissioner Padgett responded that he is not sure he wants to ask staff to draft new language on allowing businesses that own their own building to be able to provide in- house daycare. He believes this should go through the City Attorney because there are some legal issues that need to be addressed. After further brief discussion, Commissioner Padgett moved that the Planning Commission forward a recommendation of denial to the City Council of ZOA 1999-00003.. Commissioner Anderson seconded the motion. Commissioner Griffith asked for comments and clarification regarding distances people . travel to daycare and what daycare users consider a convenient distance. Upon further discussion, a voice vote was taken and the motion passed by a vote of 5-2. - Commissioners Anderson, Griffith, Padgett, Topp, and Wilson voted yes; Commissioners Olsen and Scolar voted no. 6. OTHER BUSINESS None PLANNING COMMISSION MEETING MINUTES-March 6,2000—Page 6 : • • 7. ADJOURNMENT • The meeting adjourned at 8:35. Jerree Gaynor, Planning Commission Secretary • ATTEST: President Nick Wilson • • PLANNING COMMISSION MEETING MINUTES—March 6,2000—Page 7 I 11111111111 Color NOTICE TO MORTGAGEE,LIENHCER,VENDOR OR SELLER: • THE TIGARD DEVELOPMENT CODE REQUIRES T IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. CITY OF TIGARD Community Development Shaping A Better Community PUBLIC NEARING NOTICE This is to notify you that the City of Tigard has proposed a land use regulation that will affect the permissible uses of your land. NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY, APRIL 11, 2000 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE ADOPTION OF AN ORDINANCE. The City of Tigard has determined that adoption of this Ordinance will affect the permissible uses of your property and may reduce the value of your property. The details of the proposed Code Amendment are as follows: FILE NO.: ZONE ORDINANCE AMENDMENT[ZOAI 1999-00003 FILE TITLE: CODE AMENDMENT TO ALLOW DAYCARE CENTERS IN ALL INDUSTRIAL ZONES APPLICANT: John L Brosy OWNERS: N/A - CITYWIDE 161 High Street SE, Suite 204 "All Industrial Zones" Salem, OR 97301 PROPOSAL: The applicant is proposing a Zone Ordinance Amendment to change the City of Tigard Community Development Code to allow daycare uses outright or conditionally in all Industrial zoned properties. This is the second step in this process. The first step was a public hearing before the Planning Commission for recommendation to the City Council. The Planning Commission hearing was held on March 6, 2000. • LOCATION: All Industrial Zones Citywide. ZONES: Light Industrial, I-L; Industrial Park, I-P; and Heavy Industrial, I-H. APPLICABLE REVIEW CRITERIA: Community. Development Code Chapters 18.380 and 18.390; Comprehensive Plan Polices 5 and 12.3; The Metro 2040 Plan; and Statewide Planning Goals 2 and 9. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060E. OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. • ZOA1999-00003/CODE AMENDMENT TO ALLOW DAYCARE CENTERS IN ALL INDUSTRIAL ZONES NOTICE OF 4/11/2000 CITY COUNCIL PUBLIC HEARING PUBLIC ORAL OR WRITTEN TES NY IS INVITED. ANYONE WISHING.PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY Ilik0 IN WRITING PRIOR TO OR AT TH UBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE CITY COUNCIL WILL RECEIVE A • STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE CITY COUNCIL MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. . • - ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE.HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (254) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. . 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